CALIFORNIA FAMILY LAW
...Enforcement
......Contempt
.........Procedure/Rights of Citee
............Notice of Charge/Proper Pleadings
7 Cards On This Topic:
  • 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.