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California Code of Civil Procedure Section 1219

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1219

1219.  (a) Except as provided in subdivision (b), when 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, no court may imprison or
otherwise confine or place in custody the victim of a sexual assault
or domestic violence crime for contempt when 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) 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.

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Last modified: March 17, 2014