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CCP 1209.5 Contempt of Court

At Kern Law, APC, we have successfully defended clients over the course of 20 years that have been accused of being in Contempt of Court. Contempt of Court is a very serious allegation, and a conviction carries significant consequences that can completely interrupt and cause significant problems if someone is convicted. Contempt of Court is a process by which one party accuses another party of violating a court order, by filing an Order to Show Cause and Affidavit for Contempt (OSC re: Contempt). The consequence of a conviction can lead to jail time.

The party filing the contempt must prove the following:

  1. Valid court order
  2. Knowledge of the order
  3. Ability to comply with the court order
  4. Willful violation of the court order

An experienced attorney that understands the nuances of contempt is paramount. Typically, the allegations will involve violations of family court orders – failure to pay child support, spousal support, violation of a visitation order, etc. – so a deep understanding of family law is important. However, the procedure is criminal – rules of evidence, burden of proof, proof of service requirements, etc. – and that requires an attorney who understands and practices criminal law.

For a first-time contempt conviction, the potential consequences include up to five days in county jail, five days of public work service, up to a $1000 fine for each count, and up to one year of probation. A conviction can also lead to significant attorney fees for the opposing party.

Contact Kern Law, APC, today to schedule a free consultation.