I previously discussed the requirements for filing a Contempt action here in Orange County. However, many individuals sometimes question why bother filing a Contempt action if the citee will continue to disobey court orders? From an Orange County family law perspective, if you are successful in your Contempt hearing, the punishment can be severe. Once the moving party is able to prove that the citee is in contempt of court, what is the punishment?
Pursuant to CCP section 1218(c), a citee who is found in contempt of court for failure to comply with a court order under the Family Code must at minimum, be sentenced to the following:
(1) On a first finding of contempt, performance of community service of up to 120 hours or imprisonment of up to 120 hours for each count.
(2) On a second finding of contempt, performance of community service of up to 120 hours, and imprisonment of up to 120 hours, for each count.
The court must take also take the parties' employment schedules into consideration when ordering community service, imprisonment or both.
Moreover, pursuant to CCP section 1219(a), for victims of domestic violence or sexual assault, no court may imprison or otherwise place in custody or confine a victim of domestic violence or sexual assault who refuses to testify and is found in contempt for that reason.
For more on filing a Contempt action, please contact an Orange County family law attorney.
