What is the test for contempt of court when a defendant seeks to dismiss eight of the nine contempt charges against him for breaching a protective order?

California, United States of America


The following excerpt is from People v. Soares, A141993 (Cal. App. 2015):

The trial court acted well within its discretion in refusing to dismiss eight of the nine counts for contempt. In denying defendant's request, the trial court concluded that defendant "repeatedly and brazenly" violated the protective order and "well knew [that] the proper way to address that was to bring the matter back before the court, not to decide for himself what the law should be." The trial court's conclusion was supported by overwhelming evidence. Defendant admitted that he knew the protective order prohibited him from contacting Cain and that he needed to seek judicial relief to change the order. Yet, he continued to contact Cain on a regular basis over the course of several months, even using the Words With Friends chat feature as a way to avoid being caught in violation of the protective order. Given the lengthy duration of defendant's contact with Cain and the strong evidence of his guilt, the trial court's refusal to dismiss in furtherance of justice was clearly not " 'outside the bounds of reason.' " (People v. Williams, supra, 17 Cal.4th at p. 162.)

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