177 Sanctions
A 177 sanction is a monetary sanction under Code of Civil Procedure section 177.5. A judicial officer may impose up to $1,500 for violating a lawful court order without good cause or substantial justification. The money is payable to the court.
In California Family Law
The statute can apply to a party, a witness, or a party’s attorney. It expressly excludes advocacy by counsel before the court. A disagreement with an argument or an unfavorable result is therefore not, by itself, a basis for this sanction.
Before imposing sanctions, the court must provide notice and an opportunity to be heard. The resulting order must be in writing and describe in detail the conduct or circumstances justifying it. A missed obligation does not automatically establish all of these requirements.
For example, if a party disregards a specific court order, the court may consider whether there was a violation and whether good cause or substantial justification explains it. The notice, hearing, and written-order requirements still apply.
How It Differs from Family Code Section 271
Family Code section 271 concerns attorney’s fees and costs as a sanction for conduct that frustrates settlement or cooperation and increases litigation expense. It requires consideration of the parties’ financial circumstances and prohibits an unreasonable financial burden. The two statutes serve different purposes; neither should be described simply as the “lighter” sanction.
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