Legal Question in Family Law in California
how can someone be in contempt of court for not going to court in family law regarding pension benefits in a divorce, i was never informed by my att./courts/anyone? and i had an attorney throughout. the ex's attorney is charging me apparentley 1500. for her time, and the contempt is for not paying the att. the 1500. because of no appearance the judge ruled.
2 Answers from Attorneys
To be found in contempt of court the following must be proved beyond a reasonable doubt.
1. that there is a valid court order;
2. that the person had the ability to comply with the order, the court presumes that the order would not have been made unless the person could comply;
3. The the person intentionally violated the court order, that would require the person to have knowledge, that does not require the specific intent to violate the order.
You need to take this up with your attorney. They should have told you if you needed to be there, and they should have taken responsibility for the sanctons. However, by ignoring the order and not paying the $1500 you are in contempt of the order, since you know/knew about it and have chosen not to pay. Again, consult your attorney about this.