California Code of Civil Procedure

§ 1218

CCP § 1218 Effective Jan 1, 2021Title 5 · Part 3

Statute text

(a)Upon the answer and evidence taken, the court or judge shall determine whether the person proceeded against is guilty of the contempt charged, and if it be adjudged that the person is guilty of the contempt, a fine may be imposed on the person not exceeding one thousand dollars ($1,000), payable to the court, or the person 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)Any party, who is in contempt of a court order or judgment in a dissolution of marriage, dissolution of domestic partnership, or legal separation action, shall not 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)(1) 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, subject to the sentencing option provided in paragraph (2), order the following:

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Legislative history

Amended by Stats. 2020, Ch. 283, Sec. 1. (AB 2338) Effective January 1, 2021.