Knowledge by the citee’s attorney creates a permissive inference of citee’s knowledge ( Moss v. The prima facie elements of contempt are: 1) a lawful order 2) that the citee (the person being charged with violation of an order) had knowledge of the order 3) that the citee had the ability to comply (subject to permissible inferences) and 4) willful disobedience.Ī written lawful order is required, even for a child support contempt.įor knowledge of the order, proof of personal service is not necessary but is helpful. Certainly if you are opposing the requested contempt this is important to know too. These are important to keep in mind both when the request is being prepared and at the time of trial. Family Law Contempt requires certain elements to be proven.
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