A gag order is a court order that requires a person to refrain from making public comments about a case outside the courtroom. They are often imposed against trial participants to prevent them from discussing materials relevant to the case outside the courtroom. Gag orders can be issued by a court, government, or private entity.

If someone violates a gag order, the court gets to decide what happens. Judges can threaten gag order violators with fines or jail time. The maximum jail punishment for a violation would be thirty days at Rikers Island, and there could also be a fine up to $1000.00. In some cases, violating a gag order can lead to a contempt of court charge.

Ultimately, the decision on what happens if someone violates a gag order is made by the court and not a jury. The court would have to conduct an evidentiary hearing on the issue of the violation of the court order before rendering a decision. The maximum punishment for violating a gag order depends on the specific case and the judges decision.