McAtee v. State

We reverse Appellant’s conviction for indirect criminal contempt of court for violating an injunction that prohibited contact with her former husband, John McAtee (John). The procedure followed by the trial court erroneously placed the burden on Appellant to prove that she should not be held in contempt.

At an earlier hearing on John’s motion for contempt, the court took a sworn statement from John that resulted in an order to show cause to Appellant. The court also appointed counsel for Appellant. One month later, .at the hearing to show cause, the court determined that the defense would be…