Can You Be Jailed for Contempt With No Way Out?
On September 16, 2026, the Kentucky Court of Appeals ordered former Gov. Matt Bevin released from the Jefferson County jail, where he was serving a 60-day sentence for contempt of court in his family court case. The appeals court found he had made a showing that his continued incarceration "may be unlawful." The appeal is not over, but the order highlights a rule that matters to anyone facing a contempt motion in Kentucky.
What happened
The contempt arose in Bevin's divorce case, where his adopted son is seeking child and educational support. In March 2026, a Jefferson Family Court judge sentenced him to jail that he could avoid by disclosing financial information. After he was found to have kept withholding documents and missing hearings, he was arrested on September 3 and ordered to serve 60 days. His lawyers argued the sentence was an unlawful civil-contempt punishment. The Court of Appeals released him while it considers that argument, noting that it was unclear whether he still had a way to comply and win his release.
Civil contempt vs. criminal contempt
Contempt comes in two kinds, and the difference matters.
Civil contempt is meant to make someone follow a court order, such as paying support, turning over documents, or showing up to court. Because the goal is compliance, the person must be able to end the sanction by complying. Courts call that "purging" the contempt. The classic description is that the person "holds the keys to the jail."
Criminal contempt is punishment for past disobedience. A fixed jail term that cannot be ended by complying is generally criminal in nature, and criminal contempt brings added protections, including proof beyond a reasonable doubt and, for more serious penalties, a jury trial. The U.S. Supreme Court drew this line in cases such as Hicks v. Feiock (1988) and International Union, UMWA v. Bagwell (1994), and the Kentucky Supreme Court applied it in Commonwealth v. Burge (1996).
Why it matters to you
Contempt motions are common in divorce, custody, and child support cases, and many people do not realize they can lead to jail. If you are facing one, the type of contempt being sought, whether you have a realistic way to comply, and whether the court followed the right procedures can make a real difference.
If you have been served with a contempt motion or a show-cause order in Kentucky, contact the Law Office of B.J. Early, PLLC to schedule a free consultation.
This post is for general information only and is not legal advice. Past results do not guarantee or predict a similar outcome in any future matter.LOREM IPSUM