Phillips v. Tittle

Fletcher, Justice.

We granted this discretionary application to consider whether the trial court should have issued an unconditional order providing for the arrest and ten-day incarceration of Sheila Diane Phillips. The trial court found Phillips in contempt of court for failing to comply with the parties’ 1991 divorce decree. We find the order held Phillips in civil contempt without condition and remand for the trial court to enter a conditional order.

Since the trial court does not specify whether it found Phillips in civil or criminal contempt, we must examine the purpose of the contempt…