CCP §1218 — Civil Contempt
Type: California Code of Civil Procedure
Summary
Operative civil contempt sanctions and procedures: fines up to $1,000, jail up to 5 days, attorney’s fees recovery (subdivision (a)); enforcement-bar against a party who is themselves in contempt of a dissolution order (subdivision (b)); escalating Family Code-specific community service / imprisonment / probation framework for repeat findings of contempt (subdivision (c)); DA / city-attorney authority to initiate contempt for DV-protection orders (subdivision (d)).
When to use
The principal contempt sanctions framework if the parenting-time refusal pattern (EX05–EX10, EX18, EX19) and the underlying Stipulated Judgment ¶36 / ¶¶24–25 violations ripen into a contempt proceeding. Subdivision (c) is particularly relevant — it prescribes the escalating Family Code contempt framework: up to 120 hours community service or imprisonment per count for the first finding, escalating with subsequent findings; probation/conditional sentence options are limited to 1 / 2 / 3 years for first / second / subsequent findings. Pair with FC §290 - General Enforcement Provisions and FC §3027.5 - Restoration of Parenting Time.
Section text (verbatim — operative subdivisions)
(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.
(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, 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. 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. Upon the third or any subsequent finding of contempt, the court shall order that the contemner serve a term of imprisonment of up to 240 hours and perform community service of up to 240 hours, for each count of contempt. In lieu of an order of imprisonment, community service, or both, the court may grant probation or a conditional sentence for a period not to exceed one year upon a first finding of contempt, a period not to exceed two years upon a second finding of contempt, and a period not to exceed three years upon a third or any subsequent finding of contempt.
(d) Pursuant to Section 1211 and this section, a district attorney or city attorney may initiate and pursue a court action for contempt against a party for failing to comply with a court order entered pursuant to the Domestic Violence Prevention Act.
Linked exhibits
Transclude of Exhibits-by-Statute.base