In order to prevail on a motion to hold a party in civil contempt, the movant must establish, by clear and convincing evidence, the following: (1) that a lawful order of the court was in effect, clearly expressing an unequivocal mandate; (2) the appearance, with reasonable certainty, that the order was disobeyed; (3) that the party to be held in contempt had knowledge of the court's order; and (4) prejudice to the right of a party to the litigation. If the movant makes the requisite showing, the burden shifts to the alleged contemnor to refute the movant's evidence, or to offer evidence of a defense, such as an inability to comply with the order. A hearing is required only if there is a factual dispute which cannot be resolved on the papers alone.
Anonymous 2011-3 v. Anonymous 2011-4, NY Slip Op 04183 (2d Dep't August 9 2023)
