The only thing more stressful than a divorce is having to go back to court, to enforce the divorce order that your judge already handed down. (As if the first time wasn’t enough, right?)
Unfortunately, that’s exactly what some people have to do.
Whether you like them or not, the terms of your divorce are not optional. California courts will expect you to obey them, and failure to do so can result in some fairly significant financial and/or legal consequences—including a charge for contempt of court.
Here’s what you need to know about contempt of court in California, and what the Maples team can do to help you navigate these serious claims.
Contempt of Court: 101
Contempt of court occurs when someone willfully or intentionally refuses to comply with a court order. This is a criminal charge (meaning that it isn’t handled by civil courts) which can result in steep fines, and—yes—even jail time.
Before you run out and immediately call foul on your ex for screwing something up, though, take a step back and consider whether this hefty charge is really necessary.
In our experience, most non-compliance comes down to a simple misunderstanding—maybe the order was vague, or a certain requirement got overlooked. These errors can usually be figured out without going to court, and certainly without needing to charge someone with contempt.
For contempt to be appropriate in divorce, the level of defiance has to be fairly significant, and/or the subject matter quite serious. (Meaning that a dispute over pet custody or grandma’s heirloom silver likely won’t cut it.)
Examples of situations where contempt might be appropriate include:
If one of these scenarios sounds familiar to you, then you may be able to file for contempt, so long as you meet the elements.
Elements of Contempt of Court
A charge of contempt commences when someone files an “Affidavit for Contempt.” However, you won’t get very far in this process unless you also have all of the right elements.
In California, these elements require you to provide proof that:
There was a valid court order in place. In addition, the terms must be clear; California courts are unlikely to punish someone over a vague or poorly worded order.
The accused knew about the court order. A quick text won’t cut it here; instead, the accused must have received notice via proper service.
The accused willfully violated the court order. This element can be a bit tricky, but usually requires some sort of purposeful refusal to comply—meaning an accidental oversight or misunderstanding won’t be enough. Here, the accused knew about the obligation, and still refused to comply.
A claim of contempt that can’t check all these boxes is unlikely to be successful in California court.
Rights of the Accused
To protect the rights of the accused, California legislatures have outlined certain due process rights for those who have been charged with contempt.
In layman’s terms, “due process” is basically just fancy legal jargon that refers to a system of rules and rights that protect people who have been charged with a crime. Due process ensures that whatever legal process follows is done correctly, and that someone isn’t unfairly charged or convicted.
Those who are charged with contempt of court in California, also enjoy these due process protections. Some of which include:
The right to be notified of the charges against you. This notice must have been done via proper service; a text or casual email won’t cut it.
The right to have representation. Every person has the right to an attorney. If an accused can’t afford one, then the state is obligated to provide one for you.
The right to a hearing. California residents have the right to be present when charges are brought against them. At this time, they have the right to present their defense, and to cross examine any witnesses brought against them.
The right to a jury trial. Since contempt is a criminal charge, in some situations, an accused may even have the right to a trial by jury (although, the law is a little vague on exactly when this would be appropriate).
The right to have the charges dismissed, IF their accuser can’t meet their burden of proof.
Consequences of Contempt of Court
If a California judge upholds a charge of contempt, then the penalties will vary, depending on what terms of the divorce order were violated. However, some of these punishments might include:
A $1,000 fine;
Mandatory community service;
The seizure of assets;
Suspension of licenses;
Liens on property; and even,
Five days of jail time for each instance of contempt.
These are just some of the potential consequences for first time offenses. In California, the punishments for contempt of court will increase in severity, if convicted again. And even more for third time convictions, so it’s not something you want to mess around with.
At the end of the day, however, the ultimate goal of contempt is to pressure another party into complying with a valid court order, and you don’t always have to use contempt to do that.
To find out more about enforcing divorce orders in California, speak to your family law attorney today about your options.
Do You Have More Questions About Contempt of Court in California?
While contempt of court is a less commonly used method of enforcement, it’s still a possibility—especially in cases of extreme and repeated instances of noncompliance. And whether you need help fighting this charge, or pursuing it, you’ll need an experienced family law attorney on your side.
If you have more questions about contempt of court in California, and how it will work in your situation, we want to hear from you. Call Maples Family Law today at (209) 989-4425, or get in touch online, and let us help you navigate this important issue.
The California divorce process, step by step, includes nine major components:
Preparing paperwork to file
Filing
Serving divorce papers
Responding to the divorce
Temporary orders
Financial disclosures
Discovery
Settlement
Trial
The California Divorce Process, Step by Step
While no two divorces are exactly alike, most California divorces follow the same series of events. Every step requires you, your spouse or your attorney to take different actions, so here’s a closer look at each.
#1. Preparing paperwork to file
For most people, the best choice is to work with a Stockton divorce attorney who can provide legal advice every step of the way. Preparing paperwork to file for divorce can be complicated, and you’ll need to gather up several pieces of documentation. You need:
Birth certificates
Pay stubs
Tax returns
Mortgage statements
Retirement account statements
Credit card bills and statements
Insurance policies and other documents
Other personal or financial documents, which your attorney can explain to you
#2. Filing
When your attorney has completed the summons and petition for your divorce, she’ll file it with the court system. If you have children from your current relationship, she’ll also file a special form that outlines their residences over the past 5 years.
#3. Serving divorce papers
Serving divorce papers simply means that you’re notifying your spouse that you’ve filed for divorce. (If your spouse has already filed, there’s a good chance that you’ve been served with divorce papers.) Your attorney will handle this part for you.
Your spouse will have a chance to respond to the divorce paperwork you filed – or, if your spouse filed, you’ll have a chance to respond. If the person who receives the papers doesn’t respond within 30 days, the divorce can move forward without his or her input.
#5. Temporary orders
Sometimes temporary orders are necessary. They’re orders the judge in your case makes, which are good until the divorce is final; sometimes these orders become permanent. Judges often issue temporary orders for things like:
You and your spouse are required to disclose your financial situations to the court during the divorce process. Because California is a community property state, and because some property is considered separate property (meaning that it belongs to only one of you), the courts need an accurate picture of your situation. You’ll have to provide documentation to back up your claims, which can include:
W-2s
Check stubs
Bank statements
Federal and state income tax returns
Titles and deeds
Retirement account statements
Credit card statements
Insurance policies
You may need other documentation as well. Your attorney will explain what you need.
#7. Discovery
Discovery is the legal method of getting the information you need from your spouse during the California divorce process. Your attorney will file a formal legal request and may ask your spouse to answer written questions – and your spouse will have to admit or deny the truth of a statement under penalty of perjury. Your attorney may also want to depose your spouse, which means he or she will have to give oral testimony under penalty of perjury.
#8. Settlement
You and your spouse will reach a settlement (you can reach a settlement without Step 7 if you both agree that you’ve provided all the necessary documentation) at some point during your divorce process. The settlement is the result of a give-and-take negotiation where you and your spouse find common ground on things like property division and child custody. Your settlement agreement will also include information on:
Child custody and visitation
Child and spousal support
Property division
How you’ll handle your debts
Your new marital status and, in some cases, a name change for one party
#9. Trial
Not all divorce cases end in a trial. In fact, you only have to go to trial if all your other settlement options have failed. Either you or your spouse can request a trial, but in some cases, the judge will set one even if neither of you asks.
The best way to keep your divorce out of court (other than to get a judge’s signature on your divorce paperwork) is to settle things with your spouse on your own. Trials can be time-consuming and expensive, and if you go to trial, your divorce will take much longer than it would if you settled.
Do You Need to Talk to an Attorney About the California Divorce Process, Step by Step?
We’ve helped many people in Stockton, and we can help you, too. Call us at (209) 546-6246 to set up a consultation to talk about your case and get answers to all your questions, including those about child custody and child support, property division and more.
