ENFORCING FAMILY LAW ORDERS BY CONTEMPT IN CALIFORNIA

In general, family law orders and judgments are enforceable by contempt.  Disobedience of any lawful judgment, order or process of the court is a contempt of the authority of the court.

Support orders: Child, spousal and family support orders are based on an obligation arising out of marriage and parentage and are imposed by law.  They are enforceable by contempt.

Child custody/visitation orders: The court may invoke its contempt power against a parent who unjustifiably interferes with the other parent's court-ordered visitation rights or violates an injunction restraining relocation with the children. 

Attorney fees/costs orders: Need-based attorney fees and costs are awardable by statute in marital proceedings.  The award is based on a law-imposed obligation and is enforceable by contempt.

Community property division orders: A spouse who refuses to relinquish a specific item of property or to pay over a portion of a specific fund of money pursuant to a community property division order is subject to enforcement by contempt.

Restraining orders/Family Code protective orders: The court may invoke its contempt power to compel compliance with valid protective orders and restraining orders issued in a domestic relations proceeding.

Statute of limitations: The contempt remedy for noncompliance with a court order made under the Family Code is subject to a statute of limitations.  For an alleged failure to pay child, family or spousal support, the contempt action must be commenced no later than three years from the date the payment was due.

A contempt cause of action for nonpayment of support may be broken into separate 'counts' for each month payment was not made in full.

A contempt action to enforce any other order made under the Family Code must be brought within two years from the time the alleged contempt occurred.

Facts needed to prove contempt: The facts generally necessary to establish a prima facie contempt of a family law order are: (1) rendition of a valid order; (2) the citee's knowledge of the order and (3) the citee's willful disobedience of the order.

Punishment: Contempt punishments for a first time violation is county jail for up to 5 days or 120 hours of community service or pay a fine of $1000 for each count.  For a second time violation, the person can be put in county jail for up to 5 days and do up to 120 hours of community service, and pay a fine of $1000 for each count.  For a third and subsequent violation, the person can be put in county jail for up to 10 days and do up to 240 hours of community service and pay a fine of $1000 for each count.

The Court can also order the person found in contempt to pay attorney fees and costs to the other person.