What You Need to Know About Contempt of Court in Family Law
Contempt of court can lead to minor or severe punishments. Here’s everything you need to know about contempt of court in family law.
A person held in contempt of a court of law is liable to punishment of a fine of up to $1,000, other fines, or a short prison sentence. Repeated findings of contempt may lead to more severe punishments.
What Does it Mean to be Held in Contempt of Court?
Contempt of court is an act committed in or out of court which may impede, embarrass, or obstruct the court in carrying out its duties. Contempt may mean one acts in opposition to the court’s authority. California statutes detail the grounds for contempt and its punishments; the following are grounds for contempt as they may relate to family law proceedings:
- Disorderly behavior toward a judge while in court
- Acts that interrupt the course of a trial
- Unlawful detention of a witness or party
- Disobedience of a subpoena
The disobedience of a lawful judgment, order, or process of the court is also grounds for contempt. This includes child support orders, spousal support orders, and custody and visitation orders. However, not every violation of a court order is punishable as contempt in court. In order to be held in contempt for a violation of a court order, the person cited must have had knowledge or notice of the order and was able to comply with the order, yet willfully disobeyed such order. In order for a person to be held in contempt for the violation of an order, there must be an omission to do something that is required by the order.
A contempt may come about from the failure to follow orders in a family law proceeding such as failure to bring in a child to court or failure to abide by visitation orders. Failure to pay child or spousal support may not be grounds for contempt as a judge may provide provisions that outline what should happen in the result of failed payments.
Related: Enforcing California Divorce Decrees
Punishments for Contempt in California
The fine for contempt in California is a maximum of $1,000. The fine will be ordered to be paid to the court, but if one fails to pay, they may be imprisoned for a maximum of up to five days—or both. In addition, someone who is held in contempt for violating a court order may be ordered to pay the other party’s attorney’s fees and costs as it relates to the violation of the order and its result of contempt.
In a situation where the courts find someone in contempt for failure to comply with a court order pursuant to the Family Code, the court will order the person in contempt to perform community service for up to 120 hours, or be put in jail for up to 120 hours, for each count of contempt. If the same person is held in contempt a second time, they shall be ordered to do community service and be placed in jail, both for 120 hours each. Again, this is for each count of contempt. On the third finding of contempt, the person found in contempt will be ordered to perform community service for 240 hours and be placed in jail for 240 hours. In addition, the individual in contempt will be ordered to pay an administrative fee.
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