California Motion to Cite Plaintiff for Contempt of Temporary Judgment Requiring One-Half Mortgage Payment - Domestic Relations
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How to fill out Motion To Cite Plaintiff For Contempt Of Temporary Judgment Requiring One-Half Mortgage Payment - Domestic Relations?
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FAQ
PC 166 contempt of court violations are misdemeanors that carry up to 6 months in jail and up to $1000 in fines.
In California, a contempt proceeding in family law cases is initiated by the filing of an Order to Show Cause and Affidavit for Contempt with the Court. The person alleged of being contempt, the ?citee,? is then served with a copy of the papers.
A motion for judgment on the pleadings is basically a general demurrer, except that there are fewer time constraints. Like a general demurrer, a motion for judgment on the pleadings can address only the defects that appear either on the face of the pleading or of which judicial notice may be taken. CCP §438(d).
You may not serve the papers yourself. Service must be personal; service by mail is insufficient. The papers must be served at least 16 court days before the hearing. The person serving papers must complete a Proof of Personal Service (form FL-330) and give the original to you.
Therefore, it's a criminal offense in to disobey a court order. This crime is embodied in Penal Code 166 PC, California's "contempt of court" law. Depending on the facts of your case, being convicted for violating a court order can result in up to one year in jail.
Contempt of court, also referred to simply as "contempt" is the disobedience of an order of a court. Additionally, conduct tending to obstruct or interfere with the orderly administration of justice also qualifies as contempt of court.