How to File for Contempt in California Family Court

Filing for contempt in California family court is a serious legal action used to enforce compliance with existing court orders. Whether it involves unpaid support, denied visitation, or violations of restraining orders, a contempt proceeding can hold the noncompliant party accountable through court-imposed penalties. But because contempt is considered quasi-criminal, the process is strict, technical, and must be followed carefully. This guide explains how to file for contempt—from determining eligibility to preparing for the hearing—so you can approach the process with clarity and confidence.

Before you file

Before filing, take time to determine whether contempt is the appropriate enforcement mechanism. Bear in mind,  it should only be used when the court order is clear, the other party knew about it, they had the ability to comply, and the violation was deliberate. Attempting to enforce vague or informal agreements usually won’t succeed and may weaken your legal position.

You will also need to confirm that your claim falls within the applicable statute of limitations which is two years for most violations and three years for financial support-related violations. If even one day has passed beyond the deadline for a specific violation, that count may be dismissed.

For more detailed information on when and how contempt of court is appropriate, check out are article on How Contempt of Court Works in California Family Law.

How To File for Contempt of Court

Step 1: Complete the Required Forms

To start the process, you’ll need to complete and file the required forms

Form	Purpose
FL-410	Order to Show Cause and Affidavit for Contempt (OSC)
MC-030	Declaration (used to detail facts and violations)
FL-411/412	Affidavit of Support Arrearage (if support-related)

Each alleged violation (missed payment, visitation denial, etc.) must be listed as a separate count.

Step 2: File with the Court

File your forms with the family law clerk in the court handling your case. There’s no filing fee for contempt motions.

The court will issue a signed Order to Show Cause (OSC) and set a hearing date.

Step 3: Personally Serve the Other Party

Once you have a hearing date, you must personally serve the other party with all documents—mail service and substituted service are not allowed for contempt. Service must be completed with enough notice (typically 16 to 21 court days before the hearing, depending on your county) and be sure to include all filed documents and the OSC.

Step 4: File a Proof of Service

After service, file Proof of Personal Service (FL-330) with the court to confirm delivery. 

Step 5: Prepare for the Hearing

Gather your evidence—certified copies of the court order, payment records, text messages, emails, or other documentation. If relevant, line up any witnesses who can testify to the violation. 

Step 6: Attend the Hearing

At the hearing, you’ll need to present your case clearly and meet the high burden of proof. The judge will either find the person in contempt, dismiss the claim. If found in contempt, the consequences can include jail time (up to five days per count), fines, community service, make-up visitation, and attorney’s fees.

Judges often use contempt not to punish, but to compel future compliance. Therefore the judge may also suspend punishment to give the other party a final chance to comply.

Conclusion

Filing for contempt in California family law is a detailed process that demands careful attention to timing, procedure, and proof. While it can be a powerful way to enforce court orders, it’s not a step to take lightly. Missing deadlines, relying on vague orders, or failing to follow proper service rules can weaken your case or get it dismissed entirely. If you’re considering this route, make sure each step is done correctly and consult with a family law attorney near you. An experienced attorney can help you assess the strength of your case, navigate the legal requirements, and advocate for your rights in court.