Contempt in Civil Proceedings

Part 3, Title 5 of the Code of Civil Procedure deals with contempt in special proceedings of a civil nature. Section 1209 provides that twelve specified acts or omissions in respect to a court of justice, or proceedings, are contempt of the authority of the court.

In addition, a speech or publication reflecting upon or concerning a court or an officer is not to be treated or punished as a contempt of the court unless made in the immediate presence of the court while in session and in such a manner as to actually interfere with its proceedings.

If an order of contempt is made affecting an attorney, his or her agent, investigator, or any person acting under the attorney’s direction, in the preparation and conduct of an action or proceeding, the execution of any sentence must be stayed pending the filing within three judicial days of a petition for extraordinary relief testing the lawfulness of the court’s order, the violation of which is the basis of the contempt. There are special rules for “public safety employee,” which is defined.

Section 1209.5 states that, when a court of competent jurisdiction makes an order compelling a parent to furnish support or necessary food, clothing, shelter, medical attendance, or other remedial care for his or her child, proof that the order was made, filed, and served on the parent or proof that the parent was present in court at the time the order was pronounced and proof that the parent did not comply with the order is prima facie evidence of a contempt of court.

Section 1210 states that every person dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction, who, not having right so to do, reenters into or upon or takes possession of the real property, is guilty of a contempt of the court by which the judgment was rendered or from which the process issued. There are special rules for those convicted for contempt.

Section 1211 specifies that, when a contempt is committed in the immediate view and presence of the court, or of the judge at chambers, it may be punished summarily; for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he or she be punished as therein prescribed. There is a separate process for when the contempt is not committed in the immediate view and presence of the court, or of the judge at chambers.

Section 1211.5 provides that, at all stages of all proceedings, the affidavit or statement of facts, must be construed, amended, and reviewed according to the three specified rules.

Section 1212 specifies that, when the contempt is not committed in the immediate view and presence of the court or judge, a warrant of attachment may be issued to bring the person charged to answer, or, without a previous arrest, a warrant of commitment may, upon notice, or upon an order to show cause, be granted; and no warrant of commitment can be issued without such previous attachment to answer, or such notice or order to show cause.

Section 1213 states that, whenever a warrant of attachment is issued the court or judge must direct, by an endorsement on the warrant, that the person charged may give an undertaking for the person’s appearance in an amount to be specified in such endorsement.

Section 1214 says that, upon executing the warrant of attachment, the officer executing the warrant must keep the person in custody, bring him or her before the court or judge, and detain him or her until an order be made in the premises, with an exception.

Section 1215 provides that the person arrested must be discharged from the arrest upon executing and delivering to the officer, at any time before the return day of the warrant, an undertaking to the effect that the person arrested will appear on the return of the warrant and abide the order of the court or judge thereupon.

Section 1216 requires the officer to return the warrant of arrest and undertaking, if any, received by him from the person arrested.

Section 1217 provides that, when the person arrested has been brought up or appeared, the court or judge must proceed to investigate the charge, and must hear any answer which the person arrested may make to the same, and may examine witnesses for or against him, for which an adjournment may be had from time to time if necessary.

Section 1218 requires, upon the answer and evidence taken, the court or judge to determine whether the person proceeded against is guilty of the contempt charged, and if it be adjudged that the person is guilty of the contempt, a fine may be imposed on the person not exceeding $1,000, payable to the court, or the person may be imprisoned not exceeding five days, or both

In addition, a person who is subject to a court order as a party to the action, or any agent of this person, who is adjudged guilty of contempt for violating that court order may be ordered to pay to the party initiating the contempt proceeding the reasonable attorney’s fees and costs incurred by this party in connection with the contempt proceeding.

There are special rules for those involved in contempt of a court order or judgment involving dissolution of marriage, enforcement of child and spousal support orders, and other courts orders under the Family Code.

In lieu of an order of imprisonment, community service, or both, the court may grant probation or a conditional sentence for a period not to exceed one year upon a first finding of contempt, a period not to exceed two years upon a second finding of contempt, and a period not to exceed three years upon a third or any subsequent finding of contempt. The term “probation” and “conditional sentence” are defined.

Section 1281.5 provides that, if the contempt alleged is for failure to pay child, family, or spousal support, each month for which payment has not been made in full may be alleged as a separate count of contempt and punishment imposed for each count proven.

Section 1219 specifies that, if the contempt consists of the omission to perform an act which is yet in the power of the person to perform, he or she may be imprisoned until he or she has performed it, and in that case the act shall be specified in the warrant of commitment. Specified individuals may not be imprisoned by a court.

In addition, this section defines the following terms: “sexual assault,” “domestic violence,” “domestic violence counselor,” and “physical confinement.”

Section 1219.5 states that, in any case in which a contempt consists of the refusal of a minor under 16 years of age to take the oath or to testify, before imposing any sanction for the contempt, the court is required to first refer the matter to the probation officer in charge of matters coming before the juvenile court for a report and recommendation as to the appropriateness of the imposition of a sanction.

In addition, this section contains special rules for a victim of a sex crime, in any case in which the court orders the minor to be placed outside of his or her home, etc.

Section 1220 provides that, when the warrant of arrest has been returned served, if the person arrested does not appear on the return day, the court or judge may issue another warrant of arrest or may order the undertaking to be enforced, or both. If the undertaking is enforced, the measure of damages is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued.

Section 1221 specifies that, whenever an officer is required to keep a person arrested on a warrant of attachment in custody, and to bring him before a court or judge, the inability, from illness or otherwise, of the person to attend, is a sufficient excuse for not bringing him up; and the officer must not confine a person arrested upon the warrant in a prison, or otherwise restrain him of personal liberty, except so far as may be necessary to secure his personal attendance.

Section 1222 requires the judgment and orders of the court or judge, made in cases of contempt, to be final and conclusive.