CALIFORNIA FAMILY LAW
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Enforcement
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Contempt
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Procedure/Rights of Citee
............Proof Beyond Reasonable Doubt
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Burden of proof in contempt cases.
Ability to comply with support order not element of contempt to be proven beyond reasonable doubt; it is affirmative defense which must be proven by preponderance of evidence.
All elements of contempt must be proved beyond reasonable doubt, court cannot rely on inferences or presumptions.
In contempt proceeding, movant bears burden of proof beyond reasonable doubt.
Citee in contempt proceeding may not be found guilty unless such is proven beyond reasonable doubt.
Finding of guilt in contempt proceeding must be supported by proof beyond reasonable doubt.
Finding of guilt in contempt proceeding must be supported by proof beyond reasonable doubt.