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 defendant’s 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 court’s order to pay child support....
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- Spring '04
- Common Law, Supreme Court of the United States, Habeas corpus, Superior Court