The Remedial Side of Contempt When Injunctions Are Disregarded

Authors

• Louise L. Becker, University of Arkansas School of Law

Keywords

Civil contempt, Compensatory contempt, Injunction enforcement, Arkansas law, Equitable remedies, Attorney’s fees

Abstract

This article examines the availability and scope of compensatory relief in civil contempt proceedings when a defendant violates a court-issued injunction. Focusing on Arkansas law, the author distinguishes compensatory contempt from criminal contempt and coercive civil contempt, emphasizing its remedial purpose of compensating injured plaintiffs rather than punishing offenders. Through analysis of historical and modern Arkansas cases, the article demonstrates that courts may award damages, attorney’s fees, and costs consistent with the underlying substantive law within a contempt proceeding. The article concludes that compensatory contempt provides an efficient and equitable alternative to separate actions at law for plaintiffs harmed by violations of injunctions.

Recommended Citation

Louise L. Becker , The Remedial Side of Contempt When Injunctions Are Disregarded, 1983 Ark. L. Notes