Contempt is a remedy to clients when the other side is not following a Court order. The elements for contempt are a valid order, knowledge of the order, ability to comply, and willful disobedience of the order. Kelly Price has been appointed by various judicial officers in San Bernardino County to defend litigants against Contempt charges since 2017. Ms. Price has also successfully prosecuted Contempt proceedings. Contempt carries with it quasi-criminal consequences which can include fees, community service, and jail time. Aggressive and Skilled representation is essential. A contempt action is not always advantageous, so it is important to speak with knowledgeable legal representation to find out if it will benefit or hinder you in your case.
Contempt is a remedy to clients when the other side is not following a Court order. The elements for contempt are a valid order, knowledge of the order, ability to comply, and willful disobedience of the order. Kelly Price has been appointed by various judicial officers in San Bernardino County to defend litigants against Contempt charges since 2017. Ms. Price has also successfully prosecuted Contempt proceedings. Contempt carries with it quasi-criminal consequences which can include fees, community service, and jail time. Aggressive and Skilled representation is essential. A contempt action is not always advantageous, so it is important to speak with knowledgeable legal representation to find out if it will benefit or hinder you in your case.
Many clients often ask what our strategy is or what we have planned for a particular hearing or event in the case. Oftentimes, it is hard to predict an exact course of action or outcome because we are working with other individuals, such as judges, experts, attorneys, and litigants. A good strategy in our eyes is made of the following:
The initial step in a contempt proceeding is to ensure that you can meet your burden of proof on each element. If you cannot, you are putting yourself at risk by filing. If so, the next step is to file an OSC re Contempt and have it personally served on the party not filing the Court order. The next step would be an arraignment hearing, followed by a Pretrial hearing and a Contempt trial. If the party disobeying the orders is found guilty of contempt, there will be a sentencing hearing as well. If you are the prevailing party, you may also request reasonable attorney’s fees and costs.
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