A party is in contempt when he/she willfully disobeyed the court order.

Elements of contempt are as follows: a. Valid Order, b. Knowledge of Order, c. Failure to Comply.

Ability to comply with a support order is not an element of the contempt which must be proven beyond a reasonable doubt by the Petitioner. Inability to comply is an affirmative defense which must be proven by a preponderance of the evidence by the alleged contemner. Moss v. Superior Court (Ortiz) (1998) 17 Cal. 4th 396, 71 Cal. Rptr. 2d 215.

For more information call the Law Office of Maria Taylor at (760) 583-1473.