onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

Title 5. of Contempts - California Code of Civil Procedure Section 1219

Legal Research Home > California Laws > Code of Civil Procedure > Title 5. of Contempts - California Code of Civil Procedure Section 1219

1219.  (a) Except as provided in subdivisions (b) and (c), if the
contempt consists of the omission to perform an act which is yet in
the power of the person to perform, he or she may be imprisoned until
he or she has performed it, and in that case the act shall be
specified in the warrant of commitment.
   (b) Notwithstanding any other law, a court shall not imprison or
otherwise confine or place in custody the victim of a sexual assault
or domestic violence crime for contempt if the contempt consists of
refusing to testify concerning that sexual assault or domestic
violence crime. Before finding a victim of a domestic violence crime
in contempt as described in this section, the court may refer the
victim for consultation with a domestic violence counselor. All
communications between the victim and the domestic violence counselor
that occur as a result of that referral shall remain confidential
under Section 1037.2 of the Evidence Code.
   (c) Notwithstanding any other law, a court shall not imprison,
hold in physical confinement, or otherwise confine or place in
custody a minor for contempt if the contempt consists of the minor's
failure to comply with a court order pursuant to subdivision (b) of
Section 601 of, or Section 727 of, the Welfare and Institutions Code,
if the minor was adjudged a ward of the court on the ground that he
or she is a person described in subdivision (b) of Section 601 of the
Welfare and Institutions Code. Upon a finding of contempt of court,
the court may issue any other lawful order, as necessary, to secure
the minor's attendance at school.
   (d) As used in this section, the following terms have the
following meanings:
   (1) "Sexual assault" means any act made punishable by Section 261,
262, 264.1, 285, 286, 288, 288a, or 289 of the Penal Code.
   (2) "Domestic violence" means "domestic violence" as defined in
Section 6211 of the Family Code.
   (3) "Domestic violence counselor" means "domestic violence
counselor" as defined in subdivision (a) of Section 1037.1 of the
Evidence Code.
   (4) "Physical confinement" has the same meaning as defined in
subdivision (d) of Section 726 of the Welfare and Institutions Code.


Section: Previous  1211  1211.5  1212  1213  1214  1215  1216  1217  1218  1218.5  1219  1219.5  1220  1221  1222  Next

Last modified: February 16, 2015