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Civil Litigation -
Special Situations Contempt Proceedings

Northern California Civil Litigation Information

If a party violates a court order, that party may be held in "contempt." For example, if there is a preliminary injunction prohibiting one party from entering another's land, then that party's entry on to the land may result in a contempt order. However, to obtain a contempt order, the party seeking to enforce the original preliminary injunction must prove that it was violated beyond a reasonable doubt. To do this, the offended party must apply to the court for an "order to show cause" (OSC) and file affidavits which demonstrate the factual circumstances in support of the application. The court may then issue an Order to Show Cause which requires the offending party to appear in court for purpose of admitting or denying the charges in the application.

If the contempt charges are admitted, then an appropriate penalty will be determined. If the charges are denied, then the matter will proceed (usually on a later date) to a full hearing of the facts in front of a judge. At the conclusion of the that hearing, the judge will either dismiss the OSC or find the offending party in contempt. If the offending party is found to be in contempt, then the court will also determine the appropriate punishment, which may consist of jail time, a fine, compensatory damages, restitution, attorney's fees or any combination of these. Because the punishment may include jail, fines or other criminal-type punishment, the offended party must prove the contempt beyond a reasonable doubt, which is a higher standard of proof than preponderance of evidence.

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