2013 California Code
Code of Civil Procedure - CCP
PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE
TITLE 5. OF CONTEMPTS
1219

CA Civ Pro Code § 1219 (2013) What's This?

(a) Except as provided in subdivision (b), when the contempt consists of the omission to perform an act which is yet in the power of the person to perform, he or she may be imprisoned until he or she has performed it, and in that case the act shall be specified in the warrant of commitment.

(b) Notwithstanding any other law, no court may imprison or otherwise confine or place in custody the victim of a sexual assault or domestic violence crime for contempt when the contempt consists of refusing to testify concerning that sexual assault or domestic violence crime. Before finding a victim of a domestic violence crime in contempt as described in this section, the court may refer the victim for consultation with a domestic violence counselor. All communications between the victim and the domestic violence counselor that occur as a result of that referral shall remain confidential under Section 1037.2 of the Evidence Code.

(c) As used in this section, the following terms have the following meanings:

(1) Sexual assault means any act made punishable by Section 261, 262, 264.1, 285, 286, 288, 288a, or 289 of the Penal Code.

(2) Domestic violence means domestic violence as defined in Section 6211 of the Family Code.

(3) Domestic violence counselor means domestic violence counselor as defined in subdivision (a) of Section 1037.1 of the Evidence Code.

(Amended by Stats. 2012, Ch. 510, Sec. 1. Effective January 1, 2013.)

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