§ 1219.Imprisonment Until Person Performs Act; Refusal of Victim to Testify Concerning Sexual Assault Or Domestic Violence

Title 5. Of Contempts · Last amended 2051 · Last verified July 29, 2026

In one sentenceSection 1219 allows imprisonment until a person performs an act still within their power to do -- the coercive core of civil contempt -- but bars jailing a sexual assault or domestic violence victim for refusing to testify about that crime, and bars confining a minor ward of the court for failing to comply with a truancy-related order.

Full Text of § 1219

Text sizeJump to: (a) (b) (c) (d)

(a) Except as provided in subdivisions (b) and (c), if the contempt consists of the omission to perform an act which is yet in the power of the person to perform, he or she may be imprisoned until he or she has performed it, and in that case the act shall be specified in the warrant of commitment.

(b) Notwithstanding any other law, a court shall not imprison or otherwise confine or place in custody the victim of a sexual assault or domestic violence crime for contempt if the contempt consists of refusing to testify concerning that sexual assault or domestic violence crime. Before finding a victim of a domestic violence crime in contempt as described in this section, the court may refer the victim for consultation with a domestic violence counselor. All communications between the victim and the domestic violence counselor that occur as a result of that referral shall remain confidential under Section 1037.2 of the Evidence Code.

(c) Notwithstanding any other law, a court shall not imprison, hold in physical confinement, or otherwise confine or place in custody a minor for contempt if the contempt consists of the minor's failure to comply with a court order pursuant to subdivision (b) of Section 601 of, or Section 727 of, the Welfare and Institutions Code, if the minor was adjudged a ward of the court on the ground that he or she is a person described in subdivision (b) of Section 601 of the Welfare and Institutions Code. Upon a finding of contempt of court, the court may issue any other lawful order, as necessary, to secure the minor's attendance at school.

(d) As used in this section, the following terms have the following meanings:

(1) "Sexual assault" means any act made punishable by Section 261, 262, 264.1, 285, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code.

(2) "Domestic violence" means "domestic violence" as defined in Section 6211 of the Family Code.

(3) "Domestic violence counselor" means "domestic violence counselor" as defined in subdivision (a) of Section 1037.1 of the Evidence Code.

(4) "Physical confinement" has the same meaning as defined in subdivision (d) of Section 726 of the Welfare and Institutions Code.

End

Plain-English Summary

Subdivision (a) states the classic coercive-contempt rule: if the contempt is a failure to do something the person is still capable of doing, the court can imprison the person until it's done -- with the specific act spelled out in the warrant of commitment. The point isn't punishment for its own sake; it's leverage to get compliance, since the person holds the means of ending their own confinement.

Subdivisions (b) and (c) carve out two groups this coercive tool cannot be used against. A victim of a sexual assault or domestic violence crime cannot be imprisoned or otherwise confined for contempt for refusing to testify about that crime -- the court may instead refer the victim to a domestic violence counselor, and whatever the two discuss in that referral stays confidential. A minor adjudged a ward of the court on truancy-related grounds cannot be confined for contempt of an order tied to that truancy status either, though the court may still issue other lawful orders to get the minor back in school.

Subdivision (d) defines the terms this section relies on -- "sexual assault," "domestic violence," "domestic violence counselor," and "physical confinement" -- by cross-reference to the Penal Code, Family Code, Evidence Code, and Welfare and Institutions Code.

Frequently Asked Questions

Can someone be jailed indefinitely for contempt in California?

Not indefinitely without limit. Section 1219(a) ties imprisonment to an act the person still has the power to perform, and the act must be specified in the warrant of commitment -- performing it ends the confinement.

Can a domestic violence victim be jailed for refusing to testify?

No. Subdivision (b) bars imprisoning or otherwise confining a domestic violence or sexual assault victim for contempt based on refusing to testify about that crime, though the court may refer the victim to a domestic violence counselor first.

Can a truant minor be locked up for contempt of a school-attendance order?

No, if the minor was adjudged a ward of the court under the truancy provisions referenced in subdivision (c). The court can still issue other lawful orders to secure attendance, just not confinement for contempt.

What does it mean that the act must be within the person's power to perform?

It ties imprisonment under subdivision (a) to the person's present ability to comply -- the confinement is meant to secure compliance with something the person can still do, not to punish for something already impossible to undo.

Amendment History

Amended by Stats 2018 ch 423 (SB 1494),s 9, eff. 1/1/2019. Amended by Stats 2014 ch 70 (SB 1296),s 1, eff. 1/1/2015. Amended by Stats 2012 ch 510 (AB 2051),s 1, eff. 1/1/2013. Amended by Stats 2009 ch 35 (SB 174),s 3, eff. 1/1/2010. Amended by Stats 2008 ch 49 (SB 1356),s 1, eff. 1/1/2009.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

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