Legal Question in Family Law in California
Prooving contempt
i have the burden of prooving contempt of a court order against my ex. what solid evidence do i need ? what is his burden in the matter. can he change a court order or attempt to at a contempt trial or will it strictly be in regards to the contempt brought to trial.
2 Answers from Attorneys
Re: Prooving contempt
The burden of proof means more than 50/50, your testamony and witnesses but he can't be compelled to testify. documents etc. if you can get help from a lawyer before the trial you should.The rules of evidennce and trial practice can be found at the law library if you have the time and energy for it.
Re: Prooving contempt
You have to prove beyond a reasonable doubt, the same burden of proof as is required in a criminal trial as the court sentence him to jail. You must prove that there is a valid court order, that should be in the court file. 2nd you must prove that he had knowledge of the court order; 3rd you must prove that he had the ability to obey the court order; 4th you must prove that he intentionally disobeyed the court order. Retaining an attorney to help you will increase you chances of success.
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