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September 2012 Archives

What Happens If My Ex Refuses To Obey A Court Order?

contempt.jpgIt can be a misdemeanor to disobey a court order.Disobedience of a court order is called contempt. A contempt proceeding is a special proceeding in which, technically speaking, the court and the person charged with contempt are the only parties. However, the person alleged to be aggrieved by disobedience to the order in question is permitted to participate in a role that is, in all but name, that of an amicus curiae. The proceeding is not an adversary proceeding of the usual kind, but courts generally use familiar litigation terms and concepts in discussing contempt proceedings. For example, the California Supreme Court has said that in a prosecution for constructive contempt, the affidavit on which the proceeding is based constitutes the complaint, the affidavit of the defendant constitutes the answer, and the issues of fact are thus framed by the respective affidavits serving as pleadings.

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Santa Rosa, CA 95401

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