In San Diego family law, court orders carry the weight of enforceable mandates. Whether it’s a custody schedule, child support obligation, property division requirement, or spousal support arrangement, failure to comply with these orders can lead to serious consequences—including a finding of contempt of court.
Understanding how contempt proceedings work and what penalties are involved is critical for any litigant navigating a family law matter in California. At Minella Law Group, we routinely help clients enforce orders and defend against improper contempt claims.
This blog outlines how contempt applies in San Diego family law, when and how to file, and what risks are at stake for both sides.
What Is Contempt of Court in Family Law?
Contempt of court occurs when a person willfully disobeys a lawful court order. In California family law, this is governed by Code of Civil Procedure §1205 et seq., and it can be pursued in cases involving:
- Failure to pay child or spousal support
- Violations of custody or visitation orders
- Noncompliance with restraining orders
- Refusal to transfer property or assets per the judgment
- Ignoring attorney fee or sanction awards
To prove contempt, the moving party must show:
- There was a clear, written court order
- The other party knew about the order
- The other party had the ability to comply
- The party willfully disobeyed the order
How Do You File for Contempt in San Diego?
A contempt action begins by filing a Request for Order to Show Cause (OSC) re: Contempt. This filing must specify the alleged violations and include supporting evidence, such as:
- Missed support payments
- Documentation of denied visitation
- Texts, emails, or other evidence of refusal to comply
You must also serve the other party personally, not just by mail. If the contempt is criminal in nature, the accused has a right to legal counsel and to be proven guilty beyond a reasonable doubt.
Time Limits for Filing Contempt
There are important deadlines for bringing a contempt action:
- For support orders, you have three years from the date the payment was due.
- For custody, visitation, or other non-support orders, you must file within two years of the violation.
Failing to act promptly could result in forfeiting your enforcement rights
Defending Against a Contempt Charge
Contempt is a quasi-criminal action—meaning the accused can face jail time, fines, and a criminal record if found guilty. Common defenses include:
- Lack of knowledge of the order
- Inability to comply due to circumstances beyond one’s control
- Ambiguity or lack of clarity in the court order
- Proof that compliance did in fact occur
Having a skilled family law attorney is essential to present a strong defense and protect your rights.
Consequences of Being Found in Contempt
A contempt conviction in California family court can result in:
- Up to 5 days in jail per count
- Community service
- Monetary fines
- Attorney’s fees for the other party
- Probation or future court oversight
- Loss of credibility in future custody or support hearings
Repeat violations may lead to escalating penalties, including longer jail sentences or modification of custody orders.
Strategic Use of Contempt Motions
Contempt should not be your first resort. Courts generally prefer that parties attempt resolution before litigation. However, if you’ve exhausted informal efforts and the other party is blatantly ignoring orders, contempt may be necessary to:
- Secure unpaid support
- Enforce compliance with parenting schedules
- Compel action on property division
We help clients decide whether contempt is the appropriate legal remedy and file strategically to maximize results.
Why This Matters in San Diego Family Law
Family law orders are not suggestions—they are enforceable obligations. When a party refuses to follow a court order, it creates instability for families and undermines the integrity of the legal system. San Diego courts take these violations seriously, especially when they affect children or financial stability.
Whether you’re seeking enforcement or facing accusations of contempt, your future could depend on how your case is handled.
Don’t Let Court Orders Be Ignored: Minella Law Group Can Help
If your ex is violating custody orders, refusing to pay support, or defying the terms of your judgment, you have legal recourse. Likewise, if you’ve been accused of contempt, the consequences can be severe without experienced legal representation.
📞 Call Minella Law Group today at 619-289-7948 to schedule a confidential consultation with one of our family law specialists. We’ll listen to your concerns, assess the situation, and create a clear strategy tailored to your goals.
📝 Prefer email? Fill out our online contact form and a member of our legal team will get in touch with you promptly.