§ 1211.Contempt Committed In Immediate View and Presence of Judge; Contempt Not Committed In Immediate View Or Presence of Judge
Title 5. Of Contempts · Last amended 2002 · Last verified July 29, 2026
In one sentenceSection 1211 splits contempt procedure into two tracks: contempt committed in the judge's immediate presence can be punished summarily through an order reciting the facts, while contempt committed outside the court's presence requires a sworn affidavit or statement of facts first, a requirement family law litigants satisfy by filing the Judicial Council's contempt order-to-show-cause form.
(a)When a contempt is committed in the immediate view and presence of the court, or of the judge at chambers, it may be punished summarily; for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he or she be punished as therein prescribed.
When the contempt is not committed in the immediate view and presence of the court, or of the judge at chambers, an affidavit shall be presented to the court or judge of the facts constituting the contempt, or a statement of the facts by the referees or arbitrators, or other judicial officers.
(b)In family law matters, filing of the Judicial Council form entitled "Order to Show Cause and Affidavit for Contempt (Family Law)" shall constitute compliance with this section.
Plain-English Summary
Not every contempt looks the same, and § 1211 treats them differently depending on where they happen. If the contemptuous conduct occurs in the immediate view and presence of the court, or of a judge at chambers, the judge can punish it on the spot -- summarily -- through an order that recites the facts as they happened and adjudges the person guilty.
Contempt that happens outside the judge's immediate presence -- disobeying an order somewhere else, for instance -- can't be punished that quickly. It requires a sworn affidavit or a statement of facts, presented to the court, laying out what the person did. That affidavit or statement is what § 1212 uses to decide whether to issue a warrant of attachment or commitment, and what § 1211.5 governs when it comes to amending or correcting its content later.
Subdivision (b) simplifies this for family law: filing the Judicial Council's "Order to Show Cause and Affidavit for Contempt (Family Law)" form satisfies the affidavit requirement, so a support or custody-order contempt case doesn't need a separately drafted affidavit.
Frequently Asked Questions
What's the difference between direct and indirect contempt in California?
Direct contempt happens in the judge's immediate view and presence and can be punished summarily with a recital of the facts. Indirect contempt happens elsewhere and requires a sworn affidavit or statement of facts first.
Do I need a special document to start a family law contempt case?
Filing the Judicial Council's "Order to Show Cause and Affidavit for Contempt (Family Law)" form satisfies § 1211's affidavit requirement in family law matters.
Can a judge punish contempt without any hearing at all?
Only for direct contempt committed in the judge's immediate presence. Indirect contempt requires an affidavit or statement of facts and, under § 1217, an investigation and a chance to answer.
Amendment History
Amended by Stats 2001 ch 754 (AB 1697), s 1, eff. 1/1/2002.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as:direct contempt vs indirect contempt californiaorder to show cause contempt family law californiaaffidavit for contempt california