An attorney can be held in contempt for advising a client to disobey an order. Superior Court (1968) 260 Cal.App.2d 311.) Reliance on advice of counsel is not a defense to willfulness. Willful implies they know what they are doing. Superior Court (1972) 22 Cal.App.3d 706.)Īn element of all contempts is willful non-compliance. Superior Court (1967) 248 Cal.App.2d 157 Mossman v. ( In re Ivey In re Sigesmund (1961) 193 Cal.App.2d 219 Sorell v. If contempt is committed close to the time of the making of the order, then the inability to comply is an affirmative defense. It is assumed that when the court make an order the party had the ability to comply. Knowledge by the citee’s attorney creates a permissive inference of citee’s knowledge ( Moss v. The prima facie elements of contempt are: 1) a lawful order 2) that the citee (the person being charged with violation of an order) had knowledge of the order 3) that the citee had the ability to comply (subject to permissible inferences) and 4) willful disobedience.Ī written lawful order is required, even for a child support contempt.įor knowledge of the order, proof of personal service is not necessary but is helpful. Certainly if you are opposing the requested contempt this is important to know too. These are important to keep in mind both when the request is being prepared and at the time of trial. Family Law Contempt requires certain elements to be proven.

The time of contempt