Contempt of Court in Florida

In the state of Florida, contempt of court, or contempt, is a legal term that refers to a party that has refused to comply with a court order, mandate, or decree. Contempt means disobeying or disrespecting the authority of the court. Consequences for being found in contempt can be serious, and the party may be subject to fines (monetary penalties), sanctions (penalties ordered by the court), or incarceration ( jail).  In family law, a party will have met these requirements to be found in contempt:                                        

• a clearly defined court order that states obligations and or requirements
• the obligated party has the ability to comply with the order
• the obligated party willfully refused to comply with the order

Common reasons for contempt in family law may result from a party refusing to comply with a parenting plan, failure to fulfill child support and or alimony payments, or violation of a restraining order.  It’s helpful to have the assistance of an experienced family law attorney to help guide one through this period.

If a person is found to be in contempt, a judge may:

• order counseling to the non-compliant party
• complete a parenting class
• order the party to look for adequate work for a specific number of hours weekly
• order a future hearing to ensure compliance with a court order

Contempt can be openly and willfully defying an order, such as refusing to pay child support. Or it can be more subtle, as in bringing up non-relevant facts that the judge has stated should not be brought up at a trial hearing, and the party chooses to disregard willfully. 

Two Types of Contempt

1. Civil contempt is most often used to encourage or convince the offending party to comply with the judicial order. A court must determine whether the party had the ability to comply and willfully refused to do so. Civil contempt is not a felony or misdemeanor. If a judge determines that a party is in contempt, sanctions may be ordered to encourage compliance, such as incarceration or payment of attorney’s fees and court costs.
2. Criminal contempt falls into two distinctions: direct and indirect.  Direct criminal contempt occurs in the presence of the court when a party disregards a court order. Indirect criminal contempt occurs outside the court when the offending party is in noncompliance with a court order. In contrast to civil contempt, it is used in a court to punish the non-compliant party.

Another distinction between civil and criminal contempt is that criminal contempt carries a punishment. With civil contempt, a person may purge his contempt to avoid further punishment by complying with the judge’s order in order to fulfill a specific obligation, such as paying back child support before a certain date. 

Contempt of Court Attorneys in the Tampa Bay Area

Both civil and criminal contempt require sworn testimony in court. Evidence of the contempt must be presented in a court setting for a judge to examine and come to a decision.

At Hunter Law, our experienced family law attorneys are here to help you with all of your concerns and questions regarding contempt and how to file a motion in the state of Florida. We are honored and happy to assist and represent you during this often stressful time period.  We will offer our expertise and knowledge to guide you through this process with confidence and wisdom, knowing someone is fighting for your rights.

If you’re facing a family law issue involving contempt, please contact us today to schedule a legal consultation.