§ 770. Final order directing punishment; exception. Upon the return of\nan application to punish for contempt, or upon a hearing held upon a\nwarrant of commitment issued pursuant to section seven hundred\nseventy-two or seven hundred seventy-three of this article, the court\nshall inform the offender that he or she has the right to the assistance\nof counsel, and when it appears that the offender is financially unable\nto obtain counsel, the court may in its discretion assign counsel to\nrepresent him or her. If it is determined that the accused has committed\nthe offense charged; and that it was calculated to, or actually did,\ndefeat, impair, impede, or prejudice the rights or remedies of a party\nto an action or special proceeding, brought in the court, or before the\njudge or referee; the court, judge, or referee must make a final order\ndirecting that he or she be punished by fine or imprisonment, or both,\nas the nature of the case requires. A warrant of commitment must issue\naccordingly, except as hereinafter provided. Where an application is\nmade under this article and in pursuance of section two hundred\nforty-five of the domestic relations law or any other section of law for\na final order directing punishment for failure to pay alimony,\nmaintenance or counsel fees pursuant to an order of the court or judge\nin an action for divorce or separation and the defaulting spouse appears\nand satisfies the court or a judge before whom the application may be\npending that he or she has no means or property or income to comply with\nthe terms of the order at the time, the court or judge may in its or his\ndiscretion deny the application to punish the defaulting spouse, without\nprejudice to the applicant's rights and without prejudice to a renewal\nof the application upon notice and after proof that the financial\ncondition of the defaulting spouse is changed.\n Where an application is made to punish an offender for an offense\ncommitted with respect to an enforcement procedure under the civil\npractice law and rules, if the offender appear and comply and satisfy\nthe court or a judge before whom the application shall be pending that\nhe has at the time no means or property or income which could be levied\nupon pursuant to an execution issued in such an enforcement procedure,\nthe court or judge shall deny the application to punish the offender\nwithout prejudice to the applicant's rights and without prejudice to a\nrenewal of the application upon notice and after proof that the\nfinancial condition of the offender has changed.\n
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