In re Gould Brief

In re Gould Brief - Cal. Civ. Proc. Code 1211 states that a...

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In Re Charles Gould 195 Cal. App. 2d 172, 15 Cal. Rptr. 326 FACTS Mr. Gould violated his child support order and was found in contempt with the court. He was sentenced to Jail for five days for the violation of his child support court order. PROCEDURAL FACTS Mr. Gould sought a writ of habeas corpus arguing that his imprisonment was illegal and void because the court did not show that he had knowledge of the support orders referred to and did not show that the trial court judge was acting as judge pro-term in the case. ISSUES Can an affidavit presented by the petitioner make contempt to the order of child support an indirect contempt? BRIEF ANSWER Yes, in an indirect contempt, an affidavit presented to the court by a petitioner shows the contemptuous acts. REASONING The imprisonment was intended to punish defendant for violation of court orders.
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Unformatted text preview: Cal. Civ. Proc. Code 1211 states that a proceeding for the punishment of an indirect contempt is commenced by the presentation of an affidavit setting forth the alleged contemptuous acts. The affidavit is in effect a complaint, frames the issues before the court and is a jurisdictional prerequisite to the court's power to punish. ( In re Felthoven, 75 Cal.App.2d 465, 171 P.2d 47; John Breuner Co. v. Superior Court , 112 Cal.App.2d 304, 246 P.2d 694; Uhler v. Superior Court , 117 Cal.App.2d 147, 255 P.2d 29, 256 P.2d 90). HOLDING The court discharged defendants writ of habeas corpus related to his sentence in jail for contempt and defendant was remanded to custody for the willful violation of the trial courts order to pay child support....
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