In the state of Florida, contempt of court, or contempt, is a legal term which refers to a party that has refused to comply with a court order, mandate or decree. Consequences for being found in contempt can be serious and the party may be subject to fines, sanctions or incarceration. In family law a party will have met these requirements to be found in contempt:
The possible 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, violating 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;
Contempt can be openly, willfully defying an order, such as refusing to pay child support. Or it can be more subtle, as in bringing up non-relevant facts which the judge has stated not to be brought up in a trial hearing and the party chooses to disregard willfully.
Another distinction between civil and criminal contempt is that criminal contempt will result in some form of 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.
Both civil and criminal contempt requires 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 through this often stressful time period. We will offer our expertise and our knowledge of how to go through this process with confidence and wisdom, knowing someone is fighting for your rights.
If you’re having a family law issue related to contempt, please contact us today to schedule a legal consultation.