Contempt of Court charges in San Diego can have serious consequences, which may include jail time. At Kern Law, APC, we strive to provide the best representation on behalf of our clients, and we have successfully defended clients throughout San Diego County for 20 years, who face contempt of court charges. Contempt of Court is a process by which one party (the Petitioner) accuses another party of violating a court order, by filing an Order to Show Cause and Affidavit for Contempt (OSC re: Contempt). Contempt of court involves complex legal issues and requires an experienced attorney.
The party filing the contempt must prove the following:
- Valid court order
- Knowledge of the order
- Ability to comply with the court order
- Willful violation of the court order
In most contempt cases, the allegations will involve violations of family court orders – failure to pay child support, spousal support, violation of a visitation orders, etc. However, contempt of court charges can be brought for violations of most court orders. The attorney, therefore, must have a deep understanding of family law, civil law, and criminal law. Criminal Law experience is necessary because the procedure is criminal – rules of evidence, burden of proof, proof of service requirements, right not to testify, etc.
A first-time contempt conviction may include up to five days in county jail, per charge, five days community service, up to a $1000 fine for each charge, and up to one year of probation. Attorney fees may also be ordered.
If you have been served with an OSC re: Contempt, Contact Kern Law, APC, today to schedule a free consultation.