Legal Question in Family Law in California

Reply: contempt charges

Your "good reason" may constitute a defense. Contempt carries a maximum penalty of 5 days in jail per count. The lesser penalties include probation.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Re: contempt charges

The penalty, if any, for a contempt depends on whether or not the judge agrees you have a good reason. If the contemptuous action is a continuing action (such as failure to return a child) you could theoretically be held in jail forever until you comply with the court order. In the famous case of Elizabeth Ann Foretich, who hid her child in New Zealand while claiming the father was a child abuser, she spent a year in the Washington, D.C. jail until being freed by an appellate court. For a one-time contempt you might typically receive a jail sentence of a few days or a fine. You might also have to pay the other side's attorney fees. If the judge is considering a criminal penalty for contempt, you have the right to a court appointed attorney if you cannot afford one.