What is the current state of the law on contempt for refusing to comply with a court order?
The following excerpt is from S Children, Matter of, 140 Misc.2d 980, 532 N.Y.S.2d 192 (N.Y. Fam. Ct. 1988):
The criminal contempt exception requiring compliance with court orders, while invalid non-judicial directives may be disregarded, is not the product of self-protection or arrogance of Judges. Rather it is born of an experience-proved recognition that this rule is essential for the system to work." United States v. Dickinson, supra p. 510.
... "[The Press ] too may sometimes have to wait. They are not yet wrapped in an immunity or given the absolute right to decide with impunity whether a Judge's order is to be obeyed." United States v. Dickinson, supra pp. 511-512. (emphasis supplied).
Quite clearly the three conditions for a valid order were present when the instant order of this court was issued, viz. (i) subject matter and personal jurisdiction (ii) an adequate and effective avenue for orderly review and (iii) the order did not require an irretrievable surrender of constitutional guarantees ( United States v. Dickinson supra p. 511).
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