CALIFORNIA FAMILY LAW
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Enforcement
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Contempt
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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.