In California family law, contempt of court is a serious, quasi-criminal remedy used to enforce compliance with court orders. While it’s a powerful legal tool, it’s also subject to strict rules and procedures. Contempt arises when one party willfully disobeys a lawful order issued by the family court, whether that order relates to child support, visitation, restraining orders, or even mandated therapy or disclosures during a divorce.
The consequences of being found in contempt can be severe. A judge can impose fines, order community service, award attorney’s fees, and in more serious cases, sentence the offending party to jail time. Because of these potential penalties, contempt is not treated like an ordinary motion. The person accused of contempt is entitled to many of the same rights as a criminal defendant, including the right to counsel, the right to remain silent, and the requirement that the violation be proven beyond a reasonable doubt.
When Contempt Applies in Family Law Cases
Contempt in family law arises when someone knowingly and unjustifiably violates a court order they had the ability to follow. It can be pursued in various family law situations. Here are some examples:
Failure to Pay Child Support
If a parent is ordered to pay support and has the means to do so but fails to pay, they may be held in contempt. For example, missing six months of payments without justification (despite being employed) can lead to a contempt action.
Spousal Support Noncompliance
A paying spouse who stops making alimony payments without modifying the order may be found in contempt for each missed month.
Custody and Visitation Violations
This is one of the most common bases for contempt. Refusing to return a child after visitation, or blocking parenting time without justification, can lead to multiple contempt counts and sanctions, including make-up time under Family Code § 3028.
Property Division Violations
If a party refuses to comply with a property division order (e.g., transferring vehicle title), contempt may be used to enforce the judgment.
Violating a Domestic Violence Restraining Order
Contacting the protected person in violation of a DVRO, even by text, can lead to contempt charges and potential criminal penalties under Penal Code § 273.6.
Ignoring Court-Ordered Programs
Noncompliance with required counseling, therapy, or co-parenting classes may result in contempt, although courts often attempt alternative remedies first.
Discovery and Financial Disclosure Failures
Deliberate failure to provide court-ordered disclosures (such as Preliminary Declarations of Disclosure) may be enforced by contempt, especially if it appears strategic.
Legal Elements That Must Be Proven
To win a contempt case in family court, it’s not enough to simply show that the other party didn’t follow a court order. Several key legal elements must be established with precision before the court will find someone in contempt. For an act to be considered contempt it must meet 4 key elements:
A Clear and Valid Court Order – There must be a specific, lawful order in place. Vague terms like “reasonable visitation” are usually unenforceable via contempt.
Knowledge of the Order – The accused must have known about the order. This is usually shown by personal service, court attendance, or written acknowledgment.
Ability to Comply -The accused must have had the actual ability to follow the order at the time of the alleged violation. Lack of income or access may be a valid defense.
Willful Disobedience -The violation must have been intentional. Accidents, miscommunications, or situations beyond the person’s control typically don’t qualify.
Because contempt is a quasi-criminal offense and carries serious consequences, including fines or even jail, the court requires a high standard of proof. These elements must be proven beyond a reasonable doubt. In addition, all of the rules of due process apply.
The accused is entitled to:
- Notice of charges
- A formal hearing before a judicial officer.
- The right to remain silent.
- The right to call and cross-examine witnesses.
- The right to counsel
Even procedural errors (e.g., insufficient notice or failure to advise of rights) can invalidate a contempt finding.
How Long You Have to File
If the contempt alleged is the failure to pay child, family, or spousal support, the period of limitations for commencing a contempt action is three years from the date that the payment was due. If the action before the court is enforcement of another order under the Family Code, the period of limitations for commencing a contempt action is two years from the time that the alleged contempt occurred.
Code of Civil Procedure § 1218.5(b)
One of the most overlooked aspects of contempt in family law is the deadline to bring a contempt action. There are two key time limits, depending on the type of violation at issue. For most court order violations, including custody interference, refusal to divide property, and violation of domestic violence restraining orders, the deadline is two years from the date of the alleged contempt. The two-year period begins on the actual date the violation occurred, not when the party discovered it or when they decided to act on it.
So, for example, if a parent was ordered to return a child on June 15, 2023, but did not do so, the other parent has until June 15, 2025, to file a contempt motion based on that event. If they wait longer, that specific violation is time-barred—even if the underlying order is still in effect.
This 2-year limit applies to:
- Custody and visitation violations
- Failure to turn over property
- Violations of restraining orders (DVROs)
- Disobedience of court orders unrelated to support payments
A longer statute of limitations applies when the violation involves nonpayment of child or spousal support. In these cases, Family Code § provides that contempt actions may be brought within three years of the date each support payment was due. Importantly, each missed payment is treated as a separate and independent violation. This means the three-year clock starts fresh with every unpaid installment.
Penalties of Contempt of Court in Family Law
When a court finds someone in contempt in a family law case, the consequences can be serious. Because contempt is quasi-criminal, the penalties aren’t just symbolic—they can include fines, jail time, and other court-imposed sanctions. The severity often depends on the nature of the violation and whether it’s a first-time or repeated offense. Below is a summary of the potential penalties a court may impose in a California family law contempt case.
| Type of Violation | Potential Jail Time | Fines | Attorney’s Fees | Community Service | Other Penalties |
|---|---|---|---|---|---|
| Child Support Nonpayment | Up to 5 days per missed payment (with escalating penalties for repeat violations) | Up to $1,000 per count | Yes – mandatory if moving party prevails |
1st offense: discretionary 2nd offense: 120 hours min 3rd+: 240 hours min |
Interest on arrears (10% annually) Wage garnishment DCSS involvement |
| Spousal Support Nonpayment | Up to 5 days per missed payment | Up to $1,000 per count | Yes – mandatory | Same as child support |
Interest on arrears Potential asset seizure |
| Custody/Visitation Violations | Up to 5 days per count | Up to $1,000 per count | Yes – mandatory | Often ordered in lieu of jail |
Compensatory visitation time Possible modification of custody orders |
| Failure to Turn Over Property | Up to 5 days per count | Up to $1,000 per count | Yes – mandatory | Discretionary |
Alternative enforcement (e.g., writs, sanctions) Possibility of judgment enforcement under Fam. Code § 290 |
| Violation of DVRO (Domestic Violence Restraining Order) | Up to 5 days per count May also trigger criminal charges under PC § 273.6 | Up to $1,000 per count | Yes – mandatory | Discretionary |
Renewal or extension of protective orders Possible referral for criminal prosecution |
Conclusion
Contempt of court is one of the most forceful tools available in California family law, but it comes with procedural complexity and legal risk. Before pursuing contempt, make sure you understand the time limits, the evidentiary burden, and the steps required to do it correctly. And because of the serious consequences for both parties, seeking the guidance of an experienced family law attorney is strongly recommended. When used properly, contempt can be an effective means of holding parties accountable and ensuring court orders are respected.
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