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March 6, 2025

Violation

A violation is breaking a law, rule, or court order. In family law, it may involve custody, support, property, or a restraining order.

A violation is an act that breaks a law, rule, or court order. It can also be a failure to do something that is required, such as making a payment. The consequences depend on what was violated and the circumstances. Not every violation is a crime.

In California Family Law

A violation may involve a custody schedule, a support payment, a property order, or a restraining order. For example, if an order requires a parent to return a child on Sunday evening, deliberately keeping the child until Monday may violate that order.

Family Code § 290 allows the court to enforce family law judgments and orders, including through contempt proceedings. But an accusation alone does not establish a violation or determine the remedy. The wording of the order, what happened, and the requirements of the enforcement procedure matter.

Some violations can also lead to criminal charges. For example, an intentional and knowing violation of a qualifying protective order can be prosecuted under Penal Code § 273.6. This is different from asking the family court to enforce or change an existing order.

Glossary