CALIFORNIA FAMILY LAW
...Enforcement
......Contempt
.........Sentencing of Contemnor
............Imprisonment Until Contempt Purged
5 Cards On This Topic:
  • If contemnor has ability to perform act the omission of which is the basis of the contempt finding, contemnor may be imprisoned until act is performed.
  • If imprisonment until compliance with order is sought, such must be stated in pleadings.
  • Court cannot order imprisonment until act is done unless the act was required by terms of original order.
  • Before imposing sentence of imprisonment until act is done, court must make finding that contemnor has current ability to perform act.
  • If compliance with underlying order is not possible at time contempt is found, trial court is limited to determinate imprisonment and/or fine.