Los Angeles & OC Contempt Action
Orange County contempt of court orders Attorney states, in California, pursuant to California Code of Civil Procedure §§ 1218 & 1219, a contempt action can be brought against a party to an action if there is a valid court order, if the party against whom the contempt is brought was served or had personal knowledge of the court orders made by being personally present at the hearing, the party has the ability to comply with the orders and willfully disobeys the courts orders.
If you need to file a contempt action in a family law matter you will need to file a Request for Order and Affidavit for Contempt of Court. The party who is being accused of being in contempt of court is called the Citee. The affidavit will list each count or each provision of the court order that is alleged to have been violated. The cite will be served with the notice and is entitled to remain silent, to a speedy trial, to subpoena and cross examine witness, and to have an attorney appointed to represent him or her in the contempt action if they are found to be indigent. A contempt action is a semi criminal matter that can have an imposition of five (5) days in jail for each count if the cite is found to be in contempt of court beyond a reasonable doubt. It is for this reason that an attorney is appointed if you cannot afford one. If you do not qualify for an appointment of counsel, you need to find an experienced family law attorney who is familiar with contempt procedures.
What Family Law Orders are enforceable by an OC Contempt action?
Support Orders pertaining to child, spousal and family support are not considered a money judgment debt and are based on an obligation arising out of marriage and parentage actions and therefore subject to a contempt action.
Child Custody & Visitation Orders the court may use its contempt power against a parent who inexcusably interferes with the other parent’s court-ordered visitation.
Attorney Fees and Costs Orders are imposed by law pursuant to Family Code §§ 2030, 2032 and are enforceable by contempt.
Property Division Orders are also law imposed as they are based on the Family Code provision for an equitable division of assets and debts. Therefore a party who willful disobey is subject to a contempt action.
Restraining Orders & Family Court Protective Orders the court may use its contempt power to enforce valid restraining orders issued in a domestic violence action.
These are some of the actions that can be enforced by a contempt action. Contempt are can be difficult to enforce successfully because the due process rights of the Citee require that the party bringing the contempt action follow all the requirements and that the order that is being enforced be specific and not vague or ambiguous.
Contact an Orange County contempt of court orders attorney
For more information about an OC Contempt Action or Los Angeles Contempt contact Yanez & Associates at 714.971.8000 for a free consultation.