A woman who refused to stand for a judge due to her Islamic faith will become the first person to be charged with new disrespectful behaviour laws.

Moutia Elzahed, the wife of convicted terrorist recruiter Hamdi Alqudsi, refused to stand for NSW District Court judge Audrey Balla in December during a civil case against the police.

Moutia Elzahed refused to stand for District Court judge Audrey Balla and refused to give evidence without her face covering on. Credit:Christopher Pearce

She will not be charged with contempt of court but will be prosecuted under the District Court Act for intentionally disrespectful behaviour, a spokesman for the Solicitor General's Office said on Thursday.

The offence, which carries a maximum 14 days in prison or $1100 fine, was introduced last year following well-publicised instances of religious extremists not standing in court.