This appeal comes to us from a finding of contempt for the nonpayment of child support. The contempt order was issued by the Erie County Court of Common Pleas, Domestic Relations and Juvenile Divisions. Because the trial court abused its discretion in making the finding, we reverse.
As a result of those charges, appellant had been placed under house arrest. Over the next five months, appellant continued his confinement either under house arrest or in jail for reasons related to the criminal charges. In February 1997, although appellant was still incarcerated on the unrelated charges, CSEA sought to impose the sentence ordered in the prior judgment entry. On April 8, 1997, despite appellant’s continuous incarceration, the trial court imposed the previously stayed thirty-day jail sentence, to begin at the end of appellant’s then current incarceration.
Appellant now appeals that judgment, setting forth the following sole assignment of error:
“The trial court abused its discretion by imposing the jail' sentence when Mr. Miller was not provided with a reasonable opportunity to purge his contempt.”
Judicial sanctions for civil contempt may be employed to coerce a defendant into compliance with a court order.
Cincinnati v. Cincinnati Dist. Council 51
(1973),
However, a sanction for civil contempt must allow the contemnor the opportunity to purge himself or herself of contempt.
In re Purola
(1991),
Even though we agree that appellant was still obligated for any arrearages and current child support that accrued during his incarceration, see
Brockmeier v. Brockmeier
(1993),
Accordingly, appellant’s sole assignment of error is well taken.
The judgment of the Erie County Court of Common Pleas, Domestic Relations and Juvenile Divisions, is reversed, and the cause is remanded for proceedings consistent with this decision. Court costs of this appeal are assessed to appellee.
Judgment reversed and cause remanded.
