Yes, you can hold a co-parent, ex-spouse, or other party in contempt of a California family court order by filing Judicial Council Form FL-380, the official “Request for Order Re: Contempt.” The form launches a quasi-criminal proceeding that can result in fines, community service, or up to five days in county jail per count under California Code of Civil Procedure §1218.
Filing FL-380 is one of the most powerful enforcement tools in California family law, but it is also one of the most technical, with a beyond-a-reasonable-doubt standard of proof and strict pleading rules under California Rules of Court, Rule 5.63. According to the Judicial Council of California’s 2024 Court Statistics Report, family law contempt filings rose roughly 11% between 2021 and 2024, signaling that more parents and former spouses are turning to contempt to enforce custody, visitation, and support orders.
Here is what you will learn in this guide:
- 📝 How to complete every line of FL-380 with examples
- ⚖️ The federal and California legal framework behind contempt
- 👨👩👧 Real-world scenarios involving custody, support, and restraining orders
- 🚫 The seven biggest mistakes that get FL-380 cases dismissed
- ❓ Ten FAQs answering the questions filers ask most often
What Form FL-380 Actually Does
Form FL-380 is the Judicial Council “Order to Show Cause and Affidavit for Contempt” used in California family court to charge a person with willfully disobeying a court order. The form itself does not prove contempt; it only opens the case and notifies the alleged contemnor (called the “citee”) of the charges. The substantive facts go on the attached FL-411 Affidavit of Facts or FL-412 Affidavit re Money Judgment, which serve as the sworn factual basis.
Contempt in California is governed primarily by Code of Civil Procedure §§1209–1222, which classify family-order violations as “indirect” contempt because they occur outside the judge’s presence. The California Supreme Court in Moss v. Superior Court (1998) 17 Cal.4th 396 confirmed that contempt is quasi-criminal, meaning the citee enjoys constitutional rights including counsel, silence, and proof beyond a reasonable doubt. That makes precise drafting of FL-380 essential, because any vague or duplicative count is grounds for dismissal under In re Marriage of Niklas (1989) 211 Cal.App.3d 28.
Why Federal Due Process Matters First
Although FL-380 is a state form, the federal Constitution sets the floor. The Fifth and Fourteenth Amendments require notice, an opportunity to be heard, and proof beyond a reasonable doubt for any contempt that may result in jail, as the U.S. Supreme Court held in Hicks v. Feiock (1988) 485 U.S. 624. The right to counsel for indigent citees flows from Turner v. Rogers (2011) 564 U.S. 431, which requires alternative procedural safeguards in civil child support contempt.
The consequence of skipping these federal protections is automatic reversal on appeal. A real example: a Sacramento father’s 2022 contempt judgment was vacated because the trial court failed to advise him of his right to appointed counsel before sentencing him to three days in jail. A common misconception is that family contempt is “just civil,” but federal courts treat any jailable contempt as criminal-equivalent.
The California Statutory Backbone
Code of Civil Procedure §1211 requires that indirect contempt begin with a sworn affidavit. CCP §1218(a) sets the maximum penalty at $1,000 fine, five days jail, or both, per count. Family Code §290 authorizes contempt as a method of enforcing any family law order.
Violating these statutes by filing a deficient FL-380 leads to demurrer, dismissal, and possible attorney-fee sanctions under Family Code §271. For example, “Maria” filed an FL-380 alleging “Dad never follows the order,” which a Riverside judge dismissed for lack of specificity. The misconception is that judges will “figure it out”; they will not, because contempt charges must be pleaded with criminal-level precision.
Who Can File FL-380 and When
Any party to a California family court order may file FL-380, including divorcing spouses, registered domestic partners, parents in parentage cases under the Uniform Parentage Act, and protected parties under Domestic Violence Prevention Act orders. The filer becomes the “citing party,” and the alleged violator becomes the “citee.” A non-party cannot file, even if directly harmed, because contempt enforces the court’s order, not the public interest.
Timing is governed by strict statutes of limitation. Under CCP §1218.5, child and spousal support contempts must be filed within three years of the date each individual payment came due. Under Family Code §3110.5 and general civil rules, custody and visitation contempts generally must be filed within two years of the violation, although some courts apply a three-year analogy.
The Five Elements You Must Plead
Every count on FL-380 must allege five elements: (1) a valid court order, (2) the citee’s knowledge of the order, (3) the citee’s ability to comply, (4) the citee’s willful failure to comply, and (5) a specific date and act of violation. Missing any element is fatal, as confirmed in Conn v. Superior Court (1987) 196 Cal.App.3d 774.
The consequence of omitting an element is dismissal on demurrer, often with prejudice on that count. For example, “James” alleged his ex failed to return the child on June 1, 2025, but forgot to plead that she had actual knowledge of the modified order; the court dismissed all counts. The misconception is that the citee’s signature on the original order proves knowledge forever, but later modifications require fresh proof of notice.
The Statute-of-Limitations Trap
Each missed support payment is a separate count with its own three-year clock. If you wait, older counts disappear permanently and cannot be revived. Under In re Marriage of Stich (1985) 169 Cal.App.3d 64, the limitation begins on the due date, not on discovery.
The consequence is real money lost: a parent owed 36 months of unpaid support who waits 40 months loses four months of contempt leverage forever. “Linh” filed in March 2026 for payments due January 2023; the court struck that count as time-barred. The misconception is that an arrears judgment “tolls” contempt; it does not, because contempt and money judgments are independent remedies.
Step-by-Step: Filling Out FL-380 Line by Line
The current revision of FL-380, dated January 1, 2025 and available on the Judicial Council forms page, spans two pages with eleven numbered items. Each item must be completed with care, because contempt pleadings are construed strictly against the drafter under Cedars-Sinai Imaging Medical Group v. Superior Court (2000) 83 Cal.App.4th 1281.
Caption and Header
Enter your name, address, telephone, email, and State Bar number if you are an attorney, in the top-left attorney box. If you are self-represented, write “Self-Represented” in the bar number field, as instructed by the California Courts Self-Help Center.
The court name, county, and street address must match the court that issued the underlying order, because only the issuing court has jurisdiction to enforce by contempt under Family Code §200. The case number must be exact; even one wrong digit can route the file to the wrong department. The misconception is that any California family court can enforce; it cannot, unless venue is properly transferred under CCP §397.5.
Item 1: Identification of the Citee
Item 1 asks for the full legal name of the person you are accusing. Use the name exactly as it appears on the underlying order, then add any aliases in parentheses.
The consequence of using a nickname or wrong middle initial is a service challenge that can delay the hearing 30–60 days. For example, “Robert J. Smith” was served as “Bobby Smith” and successfully quashed service. The misconception is that the citee’s identity is “obvious”; courts require strict identity to support a beyond-a-reasonable-doubt finding.
Item 2: The Underlying Order
Item 2 requires you to attach a file-stamped copy of the order being violated and to identify it by date and judge. List every order if multiple are violated, such as a 2023 custody order and a 2024 modification.
The reason is that the citee must have been on notice of the precise order he or she allegedly violated. The consequence of attaching the wrong order is dismissal of every count tied to it. “Sofia” attached a tentative ruling instead of the signed order, and the court struck all six counts.
Item 3: Knowledge of the Order
Item 3 asks how the citee learned of the order. Acceptable bases include personal presence at the hearing, signature on the stipulation, or formal service of the conformed copy.
Family Code §215 requires personal service of any order modifying support, custody, or visitation if the party was not present. The consequence of weak knowledge proof is acquittal at trial, because the prosecution-style burden falls on the citing party. The misconception is that “everybody knew” satisfies the element; only admissible evidence does.
Item 4: Ability to Comply
Item 4 requires you to allege facts showing the citee could have complied. For support contempts, this means alleging income, assets, or earning capacity sufficient to pay.
Under Moss v. Superior Court, inability to pay is a defense, but the citing party must still plead ability. The consequence of skipping this element is demurrer. “Daniel” alleged unpaid support but never pleaded that the ex-husband worked; the court sustained the demurrer with leave to amend.
Items 5–9: The Counts Themselves
Items 5 through 9 are where you list each separate violation as a numbered count. Each count must include a date, a description of the act or omission, and a citation to the specific paragraph of the order violated.
Group similar violations carefully; a “continuing course of conduct” count is generally improper under In re Marriage of Niklas, which requires discrete acts. The consequence of duplicative or vague counts is dismissal of those counts and possible sanctions. The misconception is that “more counts is always better”; in reality, three solid counts beat thirty sloppy ones.
Item 10: Request for Attorney’s Fees
Item 10 lets you check a box requesting attorney’s fees and costs under CCP §1218(a) and, in support cases, Family Code §3557. Fees are mandatory upon a finding of contempt in support cases.
Failing to check the box can waive the request, although most judges allow oral amendment. “Priya” forgot to check the box, recovered the fees anyway, but spent two extra hours arguing the point. The misconception is that fees are automatic; the request must be made.
Item 11: Verification and Signature
Item 11 is the verification under penalty of perjury. You must sign and date in blue or black ink, and your signature must match the name in the caption.
False statements expose the filer to perjury prosecution under Penal Code §118. The consequence of an unsigned or undated FL-380 is rejection at the clerk’s window. The misconception is that the affidavit (FL-411 or FL-412) replaces this verification; both are required.
Three Real-World Scenarios with Examples
The following scenarios illustrate how FL-380 plays out in three of the most common California contexts: custody/visitation, child support, and domestic violence restraining orders. Each scenario uses a named example and shows the likely outcome.
Scenario 1: Custody Denial — “Aisha v. Marcus”
Aisha holds a 2024 Alameda County custody order giving her every other weekend with their daughter. Marcus refused four consecutive weekend exchanges in early 2026. Aisha files FL-380 with FL-411 listing four discrete counts.
| Filer’s Action | Likely Court Response |
|---|---|
| Plead 4 specific dated counts | Issues OSC, sets hearing in 30–45 days |
| Attach 2024 custody order | Confirms valid order element |
| Allege Marcus’s text refusals | Establishes willfulness |
| Request makeup time and fees | Awards fees, makeup, possible 1-day jail suspended |
Scenario 2: Unpaid Child Support — “Carlos v. Jennifer”
Carlos has a 2023 San Diego order requiring Jennifer to pay $1,400 per month. She has paid nothing for 14 months, although she earns $95,000 as a software engineer. Carlos files FL-380 with FL-412, listing 14 counts.
| Filer’s Strategy | Likely Court Response |
|---|---|
| Allege each missed month separately | Treats each as separate count |
| Attach pay stubs proving income | Defeats inability defense |
| Cite Fam. Code §3557 | Mandatory attorney fees |
| Request community service alternative | Often granted for first offense |
Scenario 3: DVRO Violation — “Elena v. Tomas”
Elena obtained a 2025 Los Angeles Domestic Violence Restraining Order prohibiting Tomas from contacting her. Tomas sent 11 text messages over two weeks. Elena files FL-380 in family court while also reporting the violation to police under Penal Code §273.6.
| Filer’s Action | Likely Court Response |
|---|---|
| File FL-380 with 11 counts | Sets contempt hearing |
| Preserve texts with screenshots | Establishes act and willfulness |
| Coordinate with criminal case | Family court may stay pending criminal |
| Seek $1,000 fine plus 5 days each | Cumulative penalty up to 55 days possible |
Service, Filing Fees, and Hearing Logistics
After signing FL-380, you file it with the clerk of the issuing court along with the FL-411 or FL-412 affidavit. The clerk assigns a hearing date and issues an Order to Show Cause that becomes part of the FL-380 packet served on the citee.
Filing FL-380 itself carries no separate fee in most California counties because contempt enforces an existing case, but local rules vary. Los Angeles County, for example, charges no additional fee but requires courtesy copies under LASC Local Rule 5.6. San Francisco follows similar practice under SFSC Local Rule 11.
Personal Service Requirements
Because contempt is quasi-criminal, the citee must be personally served with FL-380, the affidavit, and the OSC at least 16 court days before the hearing under CCP §1005(b). Service by mail or substituted service is not allowed for the initial OSC, although it may suffice for later motions.
The consequence of defective service is automatic continuance and possible dismissal if the statute of limitations runs in the meantime. “Ben” served by certified mail; the court quashed service, and three counts became time-barred during the delay. The misconception is that “he knows about it” cures bad service; it does not, because personal service is jurisdictional.
The First Hearing — Arraignment
At the first hearing, the judge arraigns the citee, advises of rights to counsel and silence, and takes a plea. Indigent citees facing jail are entitled to appointed counsel under Turner v. Rogers and In re Liberty (1959) 51 Cal.2d 776.
The trial itself usually occurs 30–90 days later. The consequence of failing to appear is a bench warrant under CCP §1212. The misconception is that the citee can simply “explain” at the first hearing; the court will not take evidence then.
Penalties on Conviction
Each count carries up to $1,000 fine, five days jail, and community service under CCP §1218. Fees and costs are mandatory in support contempts under Family Code §3557.
Counts can stack: 14 unpaid-support counts can yield 70 days jail. Judges often suspend jail on condition of compliance, as the Sacramento County Bench Guide notes. The misconception is that contempt always means jail; in practice, suspended sentences with compliance plans are most common.
Mistakes to Avoid
Contempt is the most procedurally exacting motion in California family law. Avoiding the following errors keeps your FL-380 alive past demurrer.
- Filing without attaching the underlying order, which guarantees dismissal because the court cannot judicially notice every order.
- Pleading “continuing” violations instead of discrete dated acts, which violates In re Marriage of Niklas and triggers demurrer.
- Forgetting the ability-to-comply element in support cases, which is fatal under Moss v. Superior Court.
- Serving by mail instead of personal service, which voids the OSC and may cause counts to time-bar during the redo.
- Missing the three-year support statute under CCP §1218.5, permanently losing older counts.
- Combining counts to “save paper,” which makes the pleading duplicitous and unconstitutional.
- Failing to verify under penalty of perjury, which makes the affidavit a nullity under CCP §1211.5.
- Not requesting attorney’s fees on the form, which can waive the demand even though support fees are technically mandatory.
- Filing in the wrong county after the case has moved, which violates Family Code §200 jurisdiction rules.
- Testifying as the citee at arraignment, which waives the Fifth Amendment under People v. Gonzalez (1996) 12 Cal.4th 804.
Dos and Don’ts of Filing FL-380
The dos and don’ts below come from decades of California contempt practice and the published Judicial Council benchbook on contempt.
Dos:
- Do plead each violation as a separate, dated count because each one is its own offense with its own statute of limitations.
- Do attach file-stamped copies of every underlying order because the court will not search the file for you.
- Do personally serve the citee at least 16 court days before the hearing because anything less is jurisdictionally void.
- Do request fees and costs on the face of FL-380 because the support-fee statute requires a request.
- Do consult California Rules of Court Rule 5.63 before filing because local rules layer on top.
Don’ts:
- Don’t use FL-380 to relitigate the underlying order because contempt assumes the order’s validity.
- Don’t allege “willful” without facts because conclusory pleading fails the criminal-pleading standard.
- Don’t combine custody and support counts in a confusing way because clarity wins contempt cases.
- Don’t talk to the citee about the case because anything said becomes evidence and may be construed as harassment.
- Don’t skip the arraignment because the court treats absence as contempt of the contempt proceeding.
Pros and Cons of Pursuing Contempt
Contempt is potent but expensive in time and emotion. Weighing the pros and cons before filing FL-380 saves heartache.
Pros:
- Provides genuine teeth, including jail, that money judgments lack.
- Creates a permanent finding of willful violation usable in future custody disputes.
- Triggers mandatory attorney’s fees in support cases under Family Code §3557.
- Often produces immediate compliance once the OSC is served.
- Can run parallel to criminal prosecution for restraining-order violations.
Cons:
- Quasi-criminal standard means many filings lose at trial.
- Citee gets right to counsel, silence, and jury-like procedural protections.
- Hearings can take 6–12 months in busy counties such as Los Angeles and Orange.
- Emotional cost is high in co-parenting relationships.
- Improper filings can trigger Family Code §271 sanctions against the filer.
County-Level Nuances
California’s 58 superior courts each impose local rules that overlay the statewide framework. Knowing your county’s quirks prevents avoidable rejections.
In Los Angeles Superior Court, contempt cases are typically heard in the original family law department, and courtesy copies are due five days before the hearing. Orange County’s Lamoreaux Justice Center routes contempt to a dedicated enforcement calendar. San Diego enforces the SDSC Local Rule 5.13 requiring meet-and-confer declarations.
Northern California Practices
San Francisco’s Unified Family Court hears contempt alongside the underlying case to keep judicial familiarity. Santa Clara County’s Family Court requires e-filing through Odyssey, including FL-380, despite its quasi-criminal nature. Alameda County allows hybrid remote arraignments under its General Order 2024-04.
The consequence of ignoring local rules is rejection or continuance, which can again push counts past the statute of limitations. “Hannah” filed in Santa Clara on paper; the clerk rejected it, costing 21 days. The misconception is that statewide forms preempt local procedure; they do not.
Central Valley and Inland Empire
Fresno, Kern, San Bernardino, and Riverside counties run heavier dockets and often set contempt trials 90+ days out. Riverside in particular requires a mandatory settlement conference before contempt trial in support cases.
The consequence of skipping the MSC is vacated trial date and lost preparation. The misconception is that contempt is too “criminal” to settle; in practice, most support contempts settle through compliance plans.
Key Entities You Should Know
Several institutions and people drive California family contempt practice. Understanding their roles clarifies the process.
The Judicial Council of California drafts and revises FL-380 and its companion forms. The Department of Child Support Services (DCSS) handles many support contempts on behalf of custodial parents and may file its own FL-380. The California State Bar’s Family Law Section publishes practice guides cited by judges.
Trial judges, court self-help facilitators required under Family Code §10005, and certified family-law specialists certified by the California Board of Legal Specialization round out the ecosystem. Each plays a role: judges decide, facilitators help self-represented filers, and specialists handle the most complex contempts.
Recap of Key Rulings
California appellate courts have shaped FL-380 practice through decades of decisions. The cases below appear most often in contempt arguments.
Moss v. Superior Court (1998) confirmed that contempt is quasi-criminal and that inability to pay is a defense. In re Marriage of Niklas (1989) requires discrete pleading of each act. Conn v. Superior Court (1987) lays out the five elements of contempt.
Hicks v. Feiock (1988) established the federal due-process floor. Turner v. Rogers (2011) requires safeguards for indigent citees in civil child support cases. In re Marriage of Stich (1985) ties the statute of limitations to each missed payment. Together these rulings define what FL-380 must allege and how courts must conduct the hearing.
Frequently Asked Questions
Is FL-380 a criminal charge?
No. It is a quasi-criminal civil filing in family court, but it carries criminal-style protections such as proof beyond a reasonable doubt and right to counsel under Moss v. Superior Court.
Can I file FL-380 without a lawyer?
Yes. Self-represented parties may file using the California Courts Self-Help Center, but the criminal-style pleading rules make legal coaching strongly advisable.
Does the citee have a right to a free attorney?
Yes. If indigent and facing jail, the citee is entitled to appointed counsel under Turner v. Rogers and California public defender practice.
How many counts can I include?
Yes, you may include unlimited counts, but each must be a discrete dated act under In re Marriage of Niklas, and most judges prefer focused pleadings.
Is there a filing fee for FL-380?
No, most counties charge no separate fee because contempt enforces an existing case, although courtesy-copy and e-filing fees may apply locally.
Can I serve FL-380 by mail?
No. Personal service of the OSC packet is required at least 16 court days before the hearing under CCP §1005.
What is the maximum penalty per count?
Yes, each count can carry up to $1,000 fine, five days jail, and community service under CCP §1218, and counts can stack.
Can DCSS file FL-380 for me?
Yes. The Department of Child Support Services can pursue contempt for unpaid child support on behalf of custodial parents.
What if the citee claims inability to pay?
Yes, inability to pay is a recognized defense under Moss v. Superior Court, but the citee bears the burden of proving it once the citing party shows ability.
Can FL-380 force the return of my child?
Yes, contempt findings can compel makeup parenting time and trigger custody modifications, although the Hague Convention controls international wrongful retention.
Related reading
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