Does a contempt order need to be issued while the individual is in jail?
California, United States of America
The following excerpt is from Liu, Application of, 273 Cal.App.2d 135, 78 Cal.Rptr. 85 (Cal. App. 1969):
8 Where the record shows an ability to comply the fact that compliance cannot occur while the individual is in jail is not a valid attack on a contempt order since 'if the contemnor indicates his willingness in good faith to perform he would be entitled, and will be allowed, to leave jail in order to do so.' (City of Vernon v. Superior Court, 38 Cal.2d 509, 519, 241 P.2d 243, 249.)
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