CALIFORNIA FAMILY LAW
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Enforcement
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Contempt
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Procedure/Rights of Citee
............Notice of Charge/Proper Pleadings
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When contempt is not committed in presence of court, contempt proceeding is commenced by presentation of affidavit setting forth facts constituting contempt.
On objection, court may permit amendment to affidavit; if no objection, affidavit shall be amended to conform to proof.
Written contempt orders for failing to sign document must mention prior order on which duty premised; since written orders failed to meet jurisdictional requirements of CCP §1211 (a) they must be annulled.
Court's jurisdiction to hear contempt is based on affidavit setting forth facts constituting contempt; defective affidavit may be amended.
Citee's due process rights require that contempt pleadings give notice of exact nature of charge.
Contempt pleadings must be specific and accurate to give notice of the charge.
Pleadings in contempt must be strictly construed in favor of accused; uncertain or ambiguous injunction may not be basis of contempt.