A failure to comply with a custody or visitation order, an order directing payment of maintenance and child support, a temporary restraining order, or other lawful order in a matrimonial action, as in any other action, may result in a finding of criminal contempt of court where the court finds that there has been willful disobedience to its lawful mandate.

Criminal contempt is an offense against public justice. The purpose of criminal contempt is to vindicate the authority of the court. (Jud. Law Section 750) No showing of prejudice to the rights of a party to the litigation is needed since the right of the private parties to the litigation is not the controlling factor. (Rolon v. Torres, (121 A.D.3d 684, 993 N.Y.S.2d 348 (2d Dep’t 2014)). Fines for criminal contempt must be paid into the public treasury, not to the petitioner. (see Judiciary Law Section 791; Kozel v. Kozel, 161 A.D.3d 700, 78 N.Y.S.3d 68 (1 Dept., 2018)). In People ex rel. Lohaus v. Lohaus (19 A.D.2d 549, 240 N.Y.S.2d 1021 (2 Dept. 1963)) where the Appellate Divison found that the defendant-husband violated the parties custody order and was found guilty of a criminal (rather than a civil) contempt, it held that the fine of $100 should be paid to the commissioner of finance of Westchester County instead of to the attorney for the benefit of the plaintiff-relator.

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