Delaware Code Title 10 Sec. 6903 – Person committed for contempt; notice of hearing
(a) A person committed by any judge of this State, a justice of the peace, or by the mayor or any alderperson of any city or town, for a contempt, except a contempt issued by the Family Court in a case involving a child support order, shall be entitled to the writ of habeas corpus in the Superior Court. A person committed by the Family Court in a case involving a child support order shall be entitled to the writ of habeas corpus in the Family Court.
Terms Used In Delaware Code Title 10 Sec. 6903
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(b) Notice shall be given to the committing magistrate of the time and place of hearing. The prisoner may deny the alleged contempt, under oath. The court or judge may remand or discharge the party.
Code 1852, §§ ?2562, 2563; Code 1915, § ?4493; Code 1935, § ?4945; 10 Del. C. 1953, § ?6903; 70 Del. Laws, c. 186, § ?1; 70 Del. Laws, c. 354, § ?2;