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Arthur Lin has both defended from and prosecuted OSC’s re contempt.
One who is prosecuting a contempt is in the position of a District Attorney and must prove all elements beyond a reasonable doubt, and the other party has the right to remain silent. So the on pursuing the contempt must be ready to prove every aspect of the case even if the other party refuses to testify. This can involve subpoenaing records.
The elements are:
- There was a valid court order/judgment.
- The accused had knowledge of the order/judgment.
- The accused had the ability to obey.
- The accused willfully violated the order/judgment.
Whether you are prosecuting or defending, each of these elements must be examined in detail.