CODE OF CIVIL PROCEDURE (excerpts)
1069. The application must be made on the verified petition
party beneficially interested, and the court may require a notice of
the application to be given to the adverse party, or may grant an
order to show cause why it should not be allowed, or may grant the
writ without notice.
1069.1. The provisions of Section 1089 as to a return by demurrer
or answer apply to a proceeding pursuant to this chapter.
1218. (a) Upon the answer and evidence taken, the court
shall determine whether the person proceeded against is guilty of the
contempt charged, and if it be adjudged that he or she is guilty of
the contempt, a fine may be imposed on him or her not exceeding one
thousand dollars ($1,000), or he or she 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.
(b) No party, who is in contempt of a court order or judgment in a
dissolution of marriage or legal separation action, shall be
permitted to enforce such an order or judgment, by way of execution
or otherwise, either in the same action or by way of a separate
action, against the other party. This restriction shall not affect
nor apply to the enforcement of child or spousal support orders.
(c) In any court action in which a party is found in contempt of
court for failure to comply with a court order pursuant to the Family
Code, the court shall order the following:
(1) Upon a first finding of contempt, the court shall order the
contemner to perform community service of up to 120 hours, or to be
imprisoned up to 120 hours, for each count of contempt.
(2) Upon the second finding of contempt, the court shall order the
contemner to perform community service of up to 120 hours, in
addition to ordering imprisonment of the contemner up to 120 hours,
for each count of contempt.
(3) Upon the third or any subsequent finding of contempt, the
court shall order both of the following:
(A) The court shall order the contemner to serve a term of
imprisonment of up to 240 hours, and to perform community service of
up to 240 hours, for each count of contempt.
(B) The court shall order the contemner to pay an administrative
fee, not to exceed the actual cost of the contemner's administration
and supervision, while assigned to a community service program
pursuant to this paragraph.
(4) The court shall take parties' employment schedules into
consideration when ordering either community service or imprisonment,
1218.5. (a) 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.
(b) 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
1222. The judgment and orders of the court or judge, made
of contempt, are final and conclusive.