United States ex rel. Cherwonick v. Smith

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that whether conduct was acci- dental was relevant to willfulness in a contempt proceed- ing—there, the defendant testified that she had dialed her ex-husband’s phone number by mistake, in violation of the terms of a restraining order
• “[A] finding of ‘willfulness’ within the meaning of [the contempt] statute requires of finding of‘voluntary noncompliance’ with a court order.” (Citing Couey and Couey, 312 Or 302, 306, 821 P2d 1086 (1991).)
• \We conclude that the trial court erred in ruling that it is not necessary to determine whether defendant's violation of a prior court order was accidental in order to determine whether that violation was 'willful' within the meaning of the contempt statute.\
• “accidental” violation of restraining order is not “willful”

Source: CourtListener parenthetical corpus (CC0).