Family Law Contempt is a way to enforce a court order or judgment. It is not the only way, and James Moore has experience in judgment enforcement by writs of execution and bank levies too.
Contempt is the intersection of family law, civil law, and criminal law. It is really the only way that someone who is not the government can seek to put someone in jail. While a self-represented person can pursue contempt, an attorney is helpful because of the many nuances with contempt. The person in violation, the citee, has rights to a speedy trial, to know the nature of the charges against them, to know the maximum possible sentence (or if civil what consequences may result), and to know the elements which must be proven.
For criminal contempt, the burden of proof is beyond a reasonable doubt. For civil contempt, the burden of proof is a preponderance of the evidence.
Code of Civil Procedure (“CCP”) section 1211(b) provides that using the Judicial Council form, OSC and Affidavit for Contempt [FL-410] constitutes compliance with the statutory requirements.
Attorney’s fees are potentially recoverable pursuant to CCP 1218(a). The Court in Goold v. Superior Court (2006) 145 CAl.App.4th 1 found that “the Legislature intended the second sentence of section 1218, subdivision (a) to authorize a trial court to award a complainant reasonable attorney fees and costs against a condemner in all cases, including violations of Family Code orders.”
Anyone contemplating contempt needs to be aware of the statute of limitations, which is the time to bring an action or it is barred on that technicality. For family law there is a three year statute of limitations for child support, spousal support, and family support; and a two year statute of limitations for all other family law orders. (See CCP 1218.5.)
The citee must be personally served to be properly put on notice. Then the first return date on contempt is arraignment and trial setting date. At the arraignment the citee needs to be advised of their rights. The trial court has no authority to issue a bench warrant to compel the personal attendance of the citee. (See In re Morelli (1970) 11 Cal.App.3d 819; and Silvagni v. Superior Court (1958) 157 Cal.App.2d 287.)
James Moore is based out of Auburn, California where he routinely represents clients in Placer County, Nevada County, El Dorado County, and Sacramento County. He represents clients in pursuing contempt and pursuing judgment enforcement. He also has experience defending clients against these claims. He is licensed to practice law in the State of California.Â