When the contempt is not committed in the immediate view and presence of the court or judge, a warrant of attachment may be issued to bring the person charged to answer, or, without a previous arrest, a warrant of commitment may, upon notice, or upon an order to show cause, be granted; and no warrant of commitment can be issued without such previous attachment to answer, or such notice or order to show cause.
§ 1212.Issuance of Warrant of Attachment and Warrant of Commitment
Title 5. Of Contempts · Last amended 1951 · Last verified July 29, 2026
In one sentenceSection 1212 governs how a person accused of contempt outside the judge's presence gets brought before the court -- either through a warrant of attachment ordering an arrest to answer the charge, or, without an arrest, through a warrant of commitment issued only after notice or an order to show cause has already been given.
Full Text of § 1212
Plain-English Summary
When contempt happens outside the judge's immediate presence, the case can't move forward on the judge's own observation the way § 1211's summary procedure allows. Someone has to be brought before the court to answer the charge, and § 1212 provides two mechanisms for doing that.
The first is a warrant of attachment -- an arrest warrant directing an officer to take the accused person into custody and bring them before the court. The second skips the arrest: a warrant of commitment can issue on notice or an order to show cause, without first attaching the person. But the statute is strict about sequencing -- a warrant of commitment cannot issue unless the person was first brought in on an attachment, or was given notice or an order to show cause. One or the other has to come first.
The undertaking a person can post to avoid staying in custody after a warrant of attachment is executed is covered by § 1213 and § 1215; what happens if the warrant isn't returned or the person doesn't appear is covered by § 1216 and § 1220.
Frequently Asked Questions
What's a warrant of attachment in a contempt case?
It's the mechanism for arresting a person accused of indirect contempt so they can be brought before the court to answer the charge.
Can the court commit someone to custody without ever arresting them?
Yes, through a warrant of commitment, but only after the person was given notice or an order to show cause, or was already brought in on a warrant of attachment.
What must happen before a warrant of commitment can issue?
Either a prior attachment to answer, or notice, or an order to show cause -- § 1212 bars a warrant of commitment from issuing without one of those first.
Amendment History
Amended by Stats. 1951, Ch. 1737.
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: warrant of attachment contempt californiawarrant of commitment contempt california