Carlsbad Family Law Attorneys

How is a Contempt Order Handled in California Divorce Court

Carlsbad, CA – Most people have heard of contempt of court, either from the media or from watching live court proceedings, but there are nuances to this term that everyone should be aware of, particularly if you are going through a divorce. Whether you are the one divorcing to the one being divorced, it is important to understand all aspects and possibilities that may arise during the proceedings, including contempt orders.
Under California law, a contempt charge may be levied against a litigant who fails to comply with the terms of a court order. There are both contempt adjudication and statutory contempt penalties, and both come with unique terms and conditions.

Orders & Affidavits

A contempt proceeding in family law is initiated by the filing of what is known as an Order to Show Cause. In addition, your attorney will file an Affidavit for Contempt with the Court.
The person who is the alleged perpetrator of the contempt charge is referred to as the “citee.” Once filed, that person will be served with a copy of the papers.

Contempt Paperwork

The Affidavit is a full outline of the case, including all facts, such as which contempt violations were committed. If the court determines that there are enough supporting facts that a contempt charge is valid, the citee will then be notified of the contempt charge, as well as the time and place for the court hearing.
The citee will then be given an opportunity to testify, call in witnesses, and present evidence if needed to defend against the charge. In other words, the decision for the contempt charge will never be decided on the moving and responding paperwork alone.

Which Orders Are Enforceable by Contempt?

Child Custody & Visitation Orders: The judge may deem a contempt charge valid if a parent unjustifiably interferes with the other parent’s visitation rights.
Child/Spousal Support Orders: If the court has ordered that support is to be paid, any deviation from those obligations can warrant a contempt charge.
Attorney Fees: If the judge determines that one spouse should pay the other’s attorney fees, not doing so can lead a judge to grant the contempt charge.
Restraining Orders: The judge has the power to enforce compliance of any protection orders, particularly in cases of domestic abuse.
Property Division/Declaration of Disclosure: Failing to disclose assets or documents relating to the division of assets or the declaration of disclosure may risk a charge of contempt if the other spouse decides to file.
Settlement Agreements & Debt Liability Orders: If a spouse is required to make specific payments to a spouse or organization to pay off a debt accumulated during the marriage, failing to do so could turn incite the judge to rule for contempt.

Due Process of a Contempt Charge

The citee is notified and must show up in court at a specified time and date. The citee will be able to hire an attorney or may represent him or herself. The individual will then testify, but he or she can exercise their 5th Amendment rights. By doing so, the citee can refuse to be called as a witness and decline to answer questions to prevent self-incrimination.
The person has a right to a jury trial and has constitutional protection, which means that the citee will not be subject to duplicate punishment or duplicate prosecution for like criminal offenses.

Results of Contempt

The judge will decide the best punishment for the crime being committed.

Filing a Contempt Charge

To file a contempt charge, it’s recommended that you hire an experienced California family law attorney. A divorce lawyer will be able to draw up the proper paperwork and will know which charges to file in order to get the best outcome for your divorce case.
Want to file a contempt charge against your spouse? Call the family attorneys at Griffith, Young & lass in Carlsbad and San Diego, serving clients throughout In Encinitas, Del Mar, La Jolla, Escondido, Leucadia, San Marcos, Solana Beach, Oceanside, Vista, and Rancho Santa Fe.


© 2018 Millionairium and Griffith, Young & Lass. Authorization to post is granted, with the stipulation that Millionairium and Griffith, Young & Lass are credited as sole source. Linking to other sites from this document is strictly prohibited, with the exception of herein imbedded links.

Categories

Meet Our Team 

Honest. Fearless. Bold.
  • John N. Griffith, Esq., CFLS
  • Catie E. Young, Esq., CFLS
  • Amy J. Lass, Esq., CFLS
  • Shirin Asgari, Esq.
  • Eric Cowdery, Esq.
  • Jeffrey Wittliff, Esq.
  • Joshua Yee, Esq.
  • Shaudi Malekzadeh, Esq.
  • John N. Griffith, Esq., CFLS John N. Griffith, Esq., CFLS

    Partner

    John Griffith has practiced exclusively in the area of family law since 2009. John is a Certified Family Law Specialist certified as an expert in the area of family law by the California Board of Legal Specialization. Prior to opening Griffith, Young & Lass, he worked as the managing partner of one of the largest family law firms in North County San Diego.
    John N. Griffith, Esq., CFLS Photo
  • Catie E. Young, Esq., CFLS Catie E. Young, Esq., CFLS

    Partner

    Catie E. Young excels in child custody cases and move-away trials. She has a unique approach to child custody cases and clients of Griffith, Young & Lass tend to gravitate toward her in these cases. Since joining the firm, she has continuously brought her zeal and compassion to representing clients in child custody and domestic violence cases, and in December 2011, she became a partner at Griffith, Young & Lass.
    Catie E. Young, Esq., CFLS Photo
  • Amy J. Lass, Esq., CFLS Amy J. Lass, Esq., CFLS

    Partner

    Amy Lass, a certified family law specialist, was born in New York and raised in San Diego, California. Amy graduated from Cal Poly, San Luis Obispo in 2003 with a B.S. in Economics with a concentration in Enterprise Accounting. Amy went on to earn her law degree from Thomas Jefferson School of Law and graduated cum laude in 2006.
    Amy J. Lass, Esq., CFLS Photo
  • Shirin Asgari, Esq. Shirin Asgari, Esq.

    Associate

    Attorney Shirin Asgari has a broad spectrum of legal experience and has handled matters in family law, criminal law, business law, and national security law. Currently, she focuses on family law matters and is a strong advocate for the rights of her clients. She dedicates time and attention to the needs of each client and the unique circumstances their case presents.
    Shirin  Asgari, Esq. Photo
  • Eric Cowdery, Esq. Eric Cowdery, Esq.

    Associate

    Eric Cowdery earned his bachelor’s and Master’s degrees before earning his JD from Golden Gate University as part of the Honors Lawyering Program. He was admitted to the California Bar Association in 2013 and has been working diligently in the field ever since. Taking a personalized approach to each case, Eric Cowdery is committed to working with clients to help them through the often confusing and complex legal process of divorce.

    Eric  Cowdery, Esq. Photo
  • Jeffrey Wittliff, Esq. Jeffrey Wittliff, Esq.

    Associate

    Jeffrey Wittliff is extremely attentive to his cases and believes in thorough preparation and the value of regular client communication. Behind the scenes, he has an extensive background in research related to all areas of family law, propounding discovery when necessary, and negotiation to settle cases with opposing parties.
    Jeffrey  Wittliff, Esq. Photo
  • Joshua Yee, Esq. Joshua Yee, Esq.

    Associate

    Attorney Joshua Yeereceived his Bachelor of Arts degree in Political Science, from the University of California, San Diego. Joshua went on to receive his Juris Doctor degree from University of San Francisco. His experience working with a local Certified Family Law Specialist solidified his desire to become a family law attorney. Since becoming an attorney, Josh has exclusively practiced in family law.
    Joshua  Yee, Esq. Photo
  • Shaudi Malekzadeh, Esq. Shaudi Malekzadeh, Esq.

    Associate

    Shaudi Malekzadeh is a Carlsbad family law attorney at Griffith, Young & Lass, advocating for the rights and interests of Southern California families in a variety of family law cases, such as child custody, alimony, spousal support, and the division of community property. She is committed to delivering effective legal representation to our clients, aggressively advocating for their legal rights, and offering compassionate legal advice.
    Shaudi  Malekzadeh, Esq. Photo

Our Results Speak for Themselves

Over 100 5-Star Reviews Throughout Our Social Media Platforms
  • I would highly recommend Griffith, Young & Lass to anyone looking for ethical, honest, hard-working and skillful lawyers.

    “I would highly recommend Griffith, Young & Lass to anyone looking for ethical, honest, hard-working and skillful lawyers (I would stress these are actually rare qualities within the legal industry and ...”

    - Scott G.
  • You cannot find a better law firm.

    “I cannot say enough good things about John Griffith and this law firm. Each person i interacted with was responsive, intelligent, thoughtful and professional. Attorney Griffith worked very hard to ...”

    - Michelle P.
  • It was the best decision I’ve made yet and hopefully, it will be yours too.

    “She doesn’t back down from anyone. It was the best decision I’ve made yet and hopefully, it will be yours too.”

    - Ian R.
  • Understanding, accessible, and I was very happy with the outcome of my case. If I could give a higher rating I would!

    “Easy to work with, forthcoming about the process, set realistic expectations, and always kept cost in mind.”

    - Jennifer P.
  • All three lawyers worked together on the issues surrounding my case, which helped greatly when I was in need of answers or support.

    “The GYL team is always prompt at returning calls & emails. From personal experience, I can tell you that they will not step away from your case until it's finished.”

    - Kelsey L.
  • I couldn’t have made it without them! I highly recommend them!

    “GYL has been an extraordinary support and backing in my divorce. Being a male in the military, the process for divorce and custody is difficult. GYL was extremely helpful, and I was able to full custody of my children. That alone is such a monumental feat.”

    - Frankie S.
  • Worth every penny! My custody case went as stress-free as it could possibly be.

    “I hate seeing anyone go through custody battles but if you’re in that situation and need someone who is trustworthy and great at what they do, then I swear this is the place to get the help!”

    - Emily B.
  • I highly recommend GYL if you are ever in need of a family law attorney.

    “No matter who I corresponded with they were always knowledgeable of my case and quick to respond.”

    - Kimberley F.
  • Highly professional and supportive in a very uncertain time in my life.

    “My clearance was granted without any additional issues. I'd recommend this legal team to any Soldier needing help with their clearance.”

    - K. Brooks
  • Always willing to listen to your concerns. I would highly recommend.

    “Compassionate and kind, however, he will fight for you and your best interests. He is calm and calculated and extremely smart.”

    - Ann M.
  • Extremely helpful, responsive, and reasonable and got the job done amidst tenuous circumstances.

    “She and her team were extremely compassionate, sensitive with me while concurrently advocating strongly on my behalf.”

    - Jeremy R.
  • I felt like she was practical and knowledgeable and most importantly, she listened.

    “The professional and succinct assistance was a much-needed breath of fresh air in the maze of hurdles and complications with our family law case.”

    - David R.
/

Why GYL? 

Turn to a Team that Does It Best
  • We're Leaders in Our Field

    From case planning to preparation, to superior courtroom presence, our clients can be sure that they will walk into the Courtroom prepared and with the best chance of success.

  • Client Centered & Results Oriented

    Our representation is tailored to the unique circumstances of each client. We deploy the GYL strategic case trajectory dynamic to ensure the best chance at success at the most reasonable cost. 

  • Brilliant, Hard-Working & Honest

    We don't believe in wasting our client's time and money. Helping people is what drives us to excel at our craft. We first identify the goals and interests of each client, we then develop an efficient and effective case plan aimed at achieving those goals.

  • Responsible & Ethical Practices

    We believe in a responsible and ethical practice and stick to our values regardless of the situation. We're transparent and don't just tell our clients what they want to hear, unless it's what we believe, even if it may deter them from moving forward. We stand by our team's expertise and will always be upfront and honest with our clients. 

Get Started Today

Fill Out the Form Below or Call 858-371-5569 to Speak with an Experienced Attorney
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.