CALIFORNIA FAMILY LAW
...Enforcement
......Contempt
.........Elements of Contempt
............Requirements of Order
8 Cards On This Topic:
  • Violation of verbal order cannot be basis for contempt.
  • To form basis of contempt, order must be mandatory (must order citee to do something or refrain from doing something).
  • Vague order may not serve as basis for contempt charge.
  • Party who has appealed from a judgment may not seek to enforce [spousal support] portion of that judgment by contempt while appeal is pending.
  • Order which is beyond jurisdiction of court may not serve as basis for contempt charge.
  • Contempt must be based on valid filed order, not on oral pronouncement of order in open court or clerk's synopsis of oral order.
  • Contempt must be based on mandatory order which orders citee to do something.
  • Uncertain or ambiguous restraining order may not be basis of contempt; all factors in contempt must be strictly construed in favor of accused.