Winning Criminal Defense for 18 Years Call for your Free Consultation 213-479-5322

Section 1219(b)

(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
– See more at: http://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-1219.html#sthash.4eeai25U.dpuf

How Can We Help You?

Your Name (required)

Your Email (required)

Your Phone Number

Case Info/Best Time to Call

Your information is 100% Confidential.
Apex Chat

Copyright 2015 The Law Firm of Edward J. Blum