Of Contempts - Of Special Proceedings Of A Civil Nature - Civil Procedure - CA

Section § 1209

This law explains what actions are considered contempt of court in California. Contempt includes behavior that disrupts court proceedings, ignoring court orders, or misbehavior by officials like attorneys or jurors. It also covers rescuing someone from custody, unlawful detention of witnesses, disobeying subpoenas, and tampering with jurors. Criticizing a court outside its immediate presence is generally not contempt unless it disrupts proceedings. If contempt affects an attorney or public safety employee, the punishment can be paused to allow for an appeal. This includes personnel like police officers, firefighters, and paramedics.

(a) The following acts or omissions in respect to a court of justice, or proceedings therein, are contempts of the authority of the court:

(1) Disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to interrupt the due course of a trial or other judicial proceeding.

(2) A breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the due course of a trial or other judicial proceeding.

(3) Misbehavior in office, or other willful neglect or violation of duty by an attorney, counsel, clerk, sheriff, coroner, or other person, appointed or elected to perform a judicial or ministerial service.

(4) Abuse of the process or proceedings of the court, or falsely pretending to act under authority of an order or process of the court.

(5) Disobedience of any lawful judgment, order, or process of the court.

(6) Willful disobedience by a juror of a court admonishment related to the prohibition on any form of communication or research about the case, including all forms of electronic or wireless communication or research.

(7) Rescuing any person or property in the custody of an officer by virtue of an order or process of that court.

(8) Unlawfully detaining a witness or party to an action while going to, remaining at, or returning from the court where the action is on the calendar for trial.

(9) Any other unlawful interference with the process or proceedings of a court.

(10) Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness.

(11) When summoned as a juror in a court, neglecting to attend or serve as a juror, or improperly conversing with a party to an action to be tried at the court, or with any other person, in relation to the merits of the action, or receiving a communication from a party or other person in respect to the action, without immediately disclosing the communication to the court.

(12) Disobedience by an inferior tribunal or judicial officer of the lawful judgment, order, or process of a superior court, or proceeding in an action or special proceeding contrary to law, after the action or special proceeding is removed from the jurisdiction of the inferior tribunal or judicial officer.

(b) A speech or publication reflecting upon or concerning a court or an officer thereof shall not be treated or punished as a contempt of the court unless made in the immediate presence of the court while in session and in such a manner as to actually interfere with its proceedings.

(c) Notwithstanding Section 1211 or any other law, if an order of contempt is made affecting an attorney, his or her agent, investigator, or any person acting under the attorney’s direction, in the preparation and conduct of an action or proceeding, the execution of any sentence shall be stayed pending the filing within three judicial days of a petition for extraordinary relief testing the lawfulness of the court’s order, the violation of which is the basis of the contempt, except for conduct proscribed by subdivision (b) of Section 6068 of the Business and Professions Code, relating to an attorney’s duty to maintain respect due to the courts and judicial officers.

(d) Notwithstanding Section 1211 or any other law, if an order of contempt is made affecting a public safety employee acting within the scope of employment for reason of the employee’s failure to comply with a duly issued subpoena or subpoena duces tecum, the execution of any sentence shall be stayed pending the filing within three judicial days of a petition for extraordinary relief testing the lawfulness of the court’s order, a violation of which is the basis for the contempt.

As used in this subdivision, “public safety employee” includes any peace officer, firefighter, paramedic, or any other employee of a public law enforcement agency whose duty is either to maintain official records or to analyze or present evidence for investigative or prosecutorial purposes.

contempt of court disorderly behavior court orders ...

Section § 1209.5

If a court tells a parent to provide essential needs like food, clothing, or medical care for their child, and it's shown that the parent knew about the order but didn't follow it, this is strong evidence that the parent is in contempt of court.

When a court of competent jurisdiction makes an order compelling a parent to furnish support or necessary food, clothing, shelter, medical attendance, or other remedial care for his or her child, proof that the order was made, filed, and served on the parent or proof that the parent was present in court at the time the order was pronounced and proof that the parent did not comply with the order is prima facie evidence of a contempt of court.

contempt of court parental responsibilities child support order ...

Section § 1210

If someone is kicked out of a property by a court order and then sneaks back in without permission, they're in contempt of court. This means they've gone against the judge's decision. If found guilty, the court will order the police to remove them and return the property to whoever had the right to it. Even if the person tries to appeal, they can only pause the eviction process if they promise not to damage the property and agree to pay for its use if they lose the appeal.

Every person dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction, who, not having right so to do, reenters into or upon or takes possession of the real property, or induces or procures any person not having right so to do, or aids or abets such a person therein, is guilty of a contempt of the court by which the judgment was rendered or from which the process issued. Upon a conviction for contempt the court must immediately issue an alias process, directed to the proper officer, and requiring the officer to restore possession to the party entitled under the original judgment or process, or to the party’s lessee, grantee, or successor in interest. No appeal from the order directing the issuance of an alias writ of possession stays the execution of the writ, unless an undertaking is executed on the part of the appellant to the effect that the appellant will not commit or suffer to be committed any waste on the property, and if the order is affirmed, or the appeal dismissed, the appellant will pay the value of the use and occupation of the property from the time of the unlawful reentry until the delivery of the possession of the property, pursuant to the judgment or order, not exceeding a sum to be fixed by the judge of the court by which the order for the alias writ was made.

contempt of court real property unlawful reentry ...

Section § 1211

This law explains how contempt of court is handled in California. If someone disrespects the court's authority in front of a judge, they can be punished immediately, and the judge will make an order documenting the incident. If the contempt happens elsewhere, then an affidavit, which is a written statement of facts, must be submitted to the court. In family law cases, a specific form called 'Order to Show Cause and Affidavit for Contempt (Family Law)' is used to report contempt.

(a) When a contempt is committed in the immediate view and presence of the court, or of the judge at chambers, it may be punished summarily; for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he or she be punished as therein prescribed.

When the contempt is not committed in the immediate view and presence of the court, or of the judge at chambers, an affidavit shall be presented to the court or judge of the facts constituting the contempt, or a statement of the facts by the referees or arbitrators, or other judicial officers.

(b) In family law matters, filing of the Judicial Council form entitled “Order to Show Cause and Affidavit for Contempt (Family Law)” shall constitute compliance with this section.

contempt of court summarily punished immediate view and presence ...

Section § 1211.5

This section explains how statements or affidavits required for contempt proceedings are handled in court. If no one objects to their sufficiency during the trial, the court's jurisdiction depends on the facts proven, not the affidavit details. The court can change these documents at any point unless it significantly harms the accused person's rights, in which case a postponement can be given. Mistakes in form that don't impact the case's outcome won't affect the trial or verdict. A contempt conviction can only be overturned if errors in these documents have led to a miscarriage of justice.

At all stages of all proceedings, the affidavit or statement of facts, as the case may be, required by Section 1211 shall be construed, amended, and reviewed according to the followings rules:

(a) If no objection is made to the sufficiency of such affidavit or statement during the hearing on the charges contained therein, jurisdiction of the subject matter shall not depend on the averments of such affidavit or statement, but may be established by the facts found by the trial court to have been proved at such hearing, and the court shall cause the affidavit or statement to be amended to conform to proof.

(b) The court may order or permit amendment of such affidavit or statement for any defect or insufficiency at any stage of the proceedings, and the trial of the person accused of contempt shall continue as if the affidavit or statement had been originally filed as amended, unless substantial rights of such person accused would be prejudiced thereby, in which event a reasonable postponement, not longer than the ends of justice require, may be granted.

(c) No such affidavit or statement is insufficient, nor can the trial, order, judgment, or other proceeding thereon be affected by reason of any defect or imperfection in matter of form which does not prejudice a substantial right of the person accused on the merits. No order or judgment of conviction of contempt shall be set aside, nor new trial granted, for any error as to any matter of pleading in such affidavit or statement, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.

contempt proceedings affidavit sufficiency trial court jurisdiction ...

Section § 1212

If someone is accused of contempt of court but it didn't happen right in front of the judge, the court can make that person come to court by issuing a warrant. This can either be a warrant to arrest the person and bring them to court, or a warrant to keep them in custody if they've been given notice or an order to explain themselves. However, they can't be held without first being given a chance to come in and explain or having a chance to answer the charges in some way.

When the contempt is not committed in the immediate view and presence of the court or judge, a warrant of attachment may be issued to bring the person charged to answer, or, without a previous arrest, a warrant of commitment may, upon notice, or upon an order to show cause, be granted; and no warrant of commitment can be issued without such previous attachment to answer, or such notice or order to show cause.

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Section § 1213

When a court issues a warrant for someone's arrest, it must specify how much money the person can pay as a bond to ensure they show up in court.

Whenever a warrant of attachment is issued pursuant to this title the court or judge must direct, by an endorsement on the warrant, that the person charged may give an undertaking for the person’s appearance in an amount to be specified in such endorsement.

warrant of attachment court issued person charged ...

Section § 1214

When a person is arrested under a warrant of attachment, the officer must hold the person in custody and bring them to court. They will stay in custody until the court gives further instructions, unless they qualify for release according to the next section's guidelines.

Upon executing the warrant of attachment, the officer executing the warrant must keep the person in custody, bring him before the court or judge, and detain him until an order be made in the premises, unless the person arrested entitle himself to be discharged, as provided in the next section.

warrant of attachment officer duties custody ...

Section § 1215

If someone gets arrested, they can be released if they promise in writing to show up in court or follow the judge's decision before the warrant's due date.

The person arrested must be discharged from the arrest upon executing and delivering to the officer, at any time before the return day of the warrant, an undertaking to the effect that the person arrested will appear on the return of the warrant and abide the order of the court or judge thereupon.

arrest release court appearance promise warrant due date ...

Section § 1216

This law says that if a police officer gets a warrant to arrest someone, along with any related documents, they must return these items by the date specified in the warrant.

The officer must return the warrant of arrest and undertaking, if any, received by him from the person arrested, by the return day specified therein.

warrant of arrest officer obligations return day ...

Section § 1217

After someone is arrested and brought to court, the judge must look into the charges against them. The judge will listen to what the arrested person has to say in their defense and can hear from witnesses on either side. If more time is needed, the proceedings can be postponed to a later date.

When the person arrested has been brought up or appeared, the court or judge must proceed to investigate the charge, and must hear any answer which the person arrested may make to the same, and may examine witnesses for or against him, for which an adjournment may be had from time to time if necessary.

arrested person court investigation charges ...

Section § 1218

If someone is found guilty of contempt of court, the judge can fine them up to $1,000 or jail them for up to five days, or both. If the contempt is for violating a court order, the guilty party might also have to pay the other person’s attorney fees. In divorce or legal separation cases, you can't enforce a court order if you're guilty of contempt, except for child or spousal support orders. For contempt related to family orders, punishments increase with repeated offenses, starting with community service or jail time and possibly moving to both, and might include paying a fee. Judges can also consider alternative sentencing like probation. In cases of domestic violence, district or city attorneys can take someone to court for contempt, and any fees collected go to support domestic violence shelters.

(a) Upon the answer and evidence taken, the court or judge shall determine whether the person proceeded against is guilty of the contempt charged, and if it be adjudged that the person is guilty of the contempt, a fine may be imposed on the person not exceeding one thousand dollars ($1,000), payable to the court, or the person may be imprisoned not exceeding five days, or both. In addition, a person who is subject to a court order as a party to the action, or any agent of this person, who is adjudged guilty of contempt for violating that court order may be ordered to pay to the party initiating the contempt proceeding the reasonable attorney’s fees and costs incurred by this party in connection with the contempt proceeding.

(b) Any party, who is in contempt of a court order or judgment in a dissolution of marriage, dissolution of domestic partnership, or legal separation action, shall not be permitted to enforce such an order or judgment, by way of execution or otherwise, either in the same action or by way of a separate action, against the other party. This restriction shall not affect nor apply to the enforcement of child or spousal support orders.

(c)

(1) In any court action in which a party is found in contempt of court for failure to comply with a court order pursuant to the Family Code, the court shall, subject to the sentencing option provided in paragraph (2), order the following:

(A) Upon a first finding of contempt, the court shall order the contemner to perform community service of up to 120 hours, or to be imprisoned up to 120 hours, for each count of contempt.

(B) Upon the second finding of contempt, the court shall order the contemner to perform community service of up to 120 hours, in addition to ordering imprisonment of the contemner up to 120 hours, for each count of contempt.

(C) Upon the third or any subsequent finding of contempt, the court shall order that the contemner serve a term of imprisonment of up to 240 hours and perform community service of up to 240 hours, for each count of contempt. The court shall also order the contemner to pay an administrative fee, not to exceed the actual cost of the contemner’s administration and supervision, while assigned to a community service program pursuant to this paragraph.

(D) The court shall take parties’ employment schedules into consideration when ordering either community service or imprisonment, or both.

(2) In lieu of an order of imprisonment, community service, or both, as set forth in paragraph (1), the court may grant probation or a conditional sentence for a period not to exceed one year upon a first finding of contempt, a period not to exceed two years upon a second finding of contempt, and a period not to exceed three years upon a third or any subsequent finding of contempt.

(3) For purposes of this subdivision, “probation” and “conditional sentence” shall have the meanings set forth in subdivision (a) of Section 1203 of the Penal Code.

(d) Pursuant to Section 1211 and this section, a district attorney or city attorney may initiate and pursue a court action for contempt against a party for failing to comply with a court order entered pursuant to the Domestic Violence Protection Act (Division 10 (commencing with Section 6200) of the Family Code). Any attorney’s fees and costs ordered by the court pursuant to subdivision (a) against a party who is adjudged guilty of contempt under this subdivision shall be paid to the Office of Emergency Services’ account established for the purpose of funding domestic violence shelter service providers pursuant to subdivision (f) of Section 13823.15 of the Penal Code.

contempt of court fine imprisonment ...

Section § 1218.5

This law outlines how contempt charges can be brought against someone who doesn't pay child, family, or spousal support. Each month they fail to pay fully can lead to a separate charge. Furthermore, you have three years to start contempt proceedings after a missed support payment, but only two years if the contempt involves non-compliance with a different family-related court order.

(a) If the contempt alleged is for failure to pay child, family, or spousal support, each month for which payment has not been made in full may be alleged as a separate count of contempt and punishment imposed for each count proven.

(b) If the contempt alleged is the failure to pay child, family, or spousal support, the period of limitations for commencing a contempt action is three years from the date that the payment was due. If the action before the court is enforcement of another order under the Family Code, the period of limitations for commencing a contempt action is two years from the time that the alleged contempt occurred.

contempt of court child support spousal support ...

Section § 1219

This section of the law sets out rules for what happens if someone doesn't do something they're ordered to do by the court. Generally, they can be put in jail until they do it. However, there are exceptions. If someone is a victim of sexual assault or domestic violence and they refuse to testify about it, they can't be jailed for contempt. Instead, they might be sent to talk with a domestic violence counselor, and those conversations are private. Also, minors can't be jailed for contempt if they are in trouble for not following certain court orders related to school attendance. The law also defines what counts as sexual assault, domestic violence, and terms like domestic violence counselor or physical confinement.

(a) Except as provided in subdivisions (b) and (c), if the contempt consists of the omission to perform an act which is yet in the power of the person to perform, he or she may be imprisoned until he or she has performed it, and in that case the act shall be specified in the warrant of commitment.

(b) Notwithstanding any other law, a court shall not imprison or otherwise confine or place in custody the victim of a sexual assault or domestic violence crime for contempt if the contempt consists of refusing to testify concerning that sexual assault or domestic violence crime. Before finding a victim of a domestic violence crime in contempt as described in this section, the court may refer the victim for consultation with a domestic violence counselor. All communications between the victim and the domestic violence counselor that occur as a result of that referral shall remain confidential under Section 1037.2 of the Evidence Code.

(c) Notwithstanding any other law, a court shall not imprison, hold in physical confinement, or otherwise confine or place in custody a minor for contempt if the contempt consists of the minor’s failure to comply with a court order pursuant to subdivision (b) of Section 601 of, or Section 727 of, the Welfare and Institutions Code, if the minor was adjudged a ward of the court on the ground that he or she is a person described in subdivision (b) of Section 601 of the Welfare and Institutions Code. Upon a finding of contempt of court, the court may issue any other lawful order, as necessary, to secure the minor’s attendance at school.

(d) As used in this section, the following terms have the following meanings:

(1) “Sexual assault” means any act made punishable by Section 261, 262, 264.1, 285, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code.

(2) “Domestic violence” means “domestic violence” as defined in Section 6211 of the Family Code.

(3) “Domestic violence counselor” means “domestic violence counselor” as defined in subdivision (a) of Section 1037.1 of the Evidence Code.

(4) “Physical confinement” has the same meaning as defined in subdivision (d) of Section 726 of the Welfare and Institutions Code.

contempt of court sexual assault victim domestic violence victim ...

Section § 1219.5

If a child under 16 refuses to testify or take an oath in court, the court can't punish them without first considering a report from a probation officer. This report should look at factors like the child's maturity and reasons for refusal. If the child is a victim of a sex crime, they should talk to a victim advocate, unless it’s not in their best interest. If a child needs to be placed outside their home, it should be the least restrictive option, usually not a secure facility, unless they’ve run away or disobeyed orders. However, if the court thinks the child might run away, they can act sooner or place the child in a secure facility right away.

(a) Except as provided in subdivision (d), in any case in which a contempt consists of the refusal of a minor under 16 years of age to take the oath or to testify, before imposing any sanction for the contempt, the court shall first refer the matter to the probation officer in charge of matters coming before the juvenile court for a report and recommendation as to the appropriateness of the imposition of a sanction. The probation officer shall prepare and file the report and recommendation within the time directed by the court. In making the report and recommendation, the probation officer shall consider factors such as the maturity of the minor, the reasons for the minor’s refusal to take the oath or to testify, the probability that available sanctions will affect the decision of the minor not to take the oath or not to testify, the potential impact on the minor of his or her testimony, the potential impact on the pending litigation of the minor’s unavailability as a witness, and the appropriateness of the various available sanctions in the minor’s case. The court shall consider the report and recommendation in imposing a sanction in the case.

(b) A victim of a sex crime who is subject to subdivision (a) shall meet with a victim advocate, as defined in Section 679.04 of the Penal Code, unless the court, for good cause, finds that it is not in the best interest of the victim.

(c) In any case in which the court orders the minor to be placed outside of his or her home, the placement shall be in the least restrictive setting available. Except as provided in subdivision (e), the court shall not order the minor to be placed in a secure facility unless other placements have been made and the minor has fled the custody and control of the person under the control of whom he or she has been placed or has persistently refused to obey the reasonable and proper orders or directions of the person under the control of whom he or she has been placed.

(d) The court may impose a sanction for contempt prior to receipt of the report and recommendation required by subdivision (a) if the court enters a finding, supported by specific facts stated on the record, that the minor would be likely to flee if released before the receipt of the report and recommendation.

(e) The court may order the minor placed in a secure facility without first attempting the nonsecure placement required by subdivision (c) if the court enters a finding, supported by specific facts stated on the record, that the minor would be likely to flee if released to nonsecure placement as a prerequisite to secure confinement.

refusal to testify minor under 16 probation officer report ...

Section § 1220

If someone is arrested and doesn't show up in court on the set date, a judge can issue another arrest warrant or enforce a financial penalty, or both. If the financial penalty is enforced, the person must pay for any losses caused by their actions that led to the arrest.

When the warrant of arrest has been returned served, if the person arrested does not appear on the return day, the court or judge may issue another warrant of arrest or may order the undertaking to be enforced, or both. If the undertaking is enforced, the measure of damages is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued.

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Section § 1221

This section explains that if someone is arrested on a warrant and can't attend court due to illness or another valid reason, officers don't have to bring them in. The officer shouldn't put the person in jail or overly restrict their freedom, except to make sure they show up when they're able.

Whenever, by the provisions of this title, an officer is required to keep a person arrested on a warrant of attachment in custody, and to bring him before a court or judge, the inability, from illness or otherwise, of the person to attend, is a sufficient excuse for not bringing him up; and the officer must not confine a person arrested upon the warrant in a prison, or otherwise restrain him of personal liberty, except so far as may be necessary to secure his personal attendance.

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Section § 1222

If a court or judge decides that someone is in contempt of court, that decision is permanent and can't be changed or appealed.

The judgment and orders of the court or judge, made in cases of contempt, are final and conclusive.

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Of Special Proceedings Of A Civil Nature

Of Special Proceedings of a Civil NatureOf Contempts