Criminal Contempt in Florida Family Law Cases: Consequences and Legal Defenses
Introduction
In Florida family law cases, court orders must be followed, whether they relate to child support, time-sharing, alimony, or other legal obligations. When a person willfully violates a court order, they may be held in contempt of court. While some violations result in civil contempt, others can escalate to criminal contempt, which carries more severe penalties, including fines and jail time.
This guide explains the difference between civil and criminal contempt in family law cases, what actions can lead to criminal contempt charges, and what legal defenses may be available.
What Is Criminal Contempt in a Florida Family Law Case?
Criminal contempt occurs when a person intentionally disobeys a court order or engages in behavior that disrespects the authority of the court. Unlike civil contempt, which is meant to compel compliance (such as paying overdue child support), criminal contempt is meant to punish the violator for defying the court.
Criminal contempt can be either:
- Direct criminal contempt – Occurs in the judge’s presence, such as disrupting a courtroom or refusing to testify.
- Indirect criminal contempt – Happens outside the courtroom, such as violating a restraining order or intentionally refusing to pay court-ordered support.
Because criminal contempt carries penalties like jail time, a person accused of it is entitled to due process rights, including the right to a hearing and legal representation.
Common Examples of Criminal Contempt in Family Law Cases
A person may face criminal contempt charges in a Florida family law case for actions such as:
- Repeatedly refusing to pay court-ordered child support or alimony despite having the financial means to do so.
- Ignoring a time-sharing or custody order, such as withholding a child from the other parent without legal justification.
- Violating a domestic violence injunction (restraining order) by making prohibited contact with the protected party.
- Threatening or harassing a judge, attorney, or witness involved in the case.
- Disrupting court proceedings, such as using abusive language toward the judge or refusing to comply with legal instructions.
Not every violation of a court order results in criminal contempt—courts typically reserve criminal contempt charges for intentional and repeated violations rather than minor infractions.
Consequences of Criminal Contempt in Florida
Because criminal contempt is treated as a criminal offense, it carries serious penalties, including:
- Fines – Courts may impose financial penalties based on the severity of the violation.
- Jail Time – A judge may sentence the violator to up to one year in jail for criminal contempt in a family law case.
- Probation – Courts may order probation instead of jail time, often requiring compliance with counseling or other conditions.
- Modification of Custody or Time-Sharing – If the contempt involves violating a parenting plan, the court may reduce the violating parent’s custody rights.
Unlike civil contempt, which can be resolved by complying with the court’s order (such as making overdue payments), criminal contempt results in fixed penalties, even if the person later complies with the order.
The Legal Process for Criminal Contempt Charges
When a party is accused of criminal contempt, Florida courts follow a specific legal process to ensure due process is upheld.
1. Filing of a Motion for Contempt
- The accusing party (such as the other parent or a legal authority) files a motion stating that the person willfully violated a court order.
- The motion must outline specific violations and provide supporting evidence.
2. Notice and Court Hearing
- The accused individual receives formal notice of the contempt allegations.
- A hearing is scheduled, allowing the accused to present their defense and contest the charges.
3. Right to Legal Representation
- Because criminal contempt can result in jail time, the accused has a right to legal counsel.
- If they cannot afford an attorney, the court may appoint one.
4. Burden of Proof
- In criminal contempt cases, the accusing party (or prosecution) must prove beyond a reasonable doubt that the accused willfully violated the court’s order.
- The judge considers evidence such as financial records, witness testimony, and prior violations.
5. Sentencing
- If found guilty, the judge imposes penalties, such as fines, probation, or incarceration.
Because criminal contempt carries serious consequences, courts ensure that due process rights are protected throughout the proceedings.
Defenses Against Criminal Contempt Charges
If someone is accused of criminal contempt, they may have several legal defenses, including:
- Lack of Willful Intent – If the person did not knowingly or intentionally violate the court order, they may argue that the violation was accidental or unavoidable.
- Inability to Comply – If the accused was financially unable to pay child support or alimony, they may present evidence of unemployment, medical expenses, or other hardships.
- Lack of Proper Notice – If the accused was not properly informed of the original court order or contempt hearing, they may challenge the charge.
- Violation of Due Process – If the court did not follow proper procedures, such as denying legal representation or failing to give a fair hearing, the contempt order may be overturned.
- Misunderstanding or Ambiguity – If the court order was unclear or subject to interpretation, the accused may argue that they misunderstood the requirements.
A strong defense can prevent unfair punishment and protect the accused’s legal rights.
What to Do If You Are Accused of Criminal Contempt
If you are facing criminal contempt charges in a Florida family law case, take the following steps to protect yourself:
- Do not ignore the court order – Even if you disagree with the order, continuing to violate it can lead to harsher penalties.
- Consult with a family law attorney – Legal representation is essential in criminal contempt cases to build a strong defense.
- Gather evidence – Collect documents, financial records, or witness statements that support your case.
- Request a hearing – If you believe the charge is unfair, you have the right to a court hearing to present your defense.
- Comply with any court instructions – If the judge provides an opportunity to correct the violation, doing so may prevent further penalties.
Ignoring a contempt charge can lead to serious legal consequences, so taking action quickly is crucial.
How a Family Law Attorney Can Help
A family law attorney can assist with:
- Defending against wrongful or excessive contempt charges.
- Filing motions to challenge unfair rulings.
- Negotiating compliance agreements to avoid jail time.
- Presenting evidence and legal arguments in court.
At Bonderud Law, we help clients defend against criminal contempt charges in Florida family law cases. Whether you are accused of violating a court order or need to enforce one, contact us today for a free consultation.
Conclusion
Criminal contempt in Florida family law cases is a serious matter that can lead to fines, probation, or even jail time. Courts impose criminal contempt charges when a party willfully violates a court order or disrespects the legal process. However, strong legal defenses exist for those accused, particularly when the violation was unintentional or unavoidable.
If you are facing criminal contempt charges in a family law case, seeking experienced legal representation can help protect your rights and prevent unjust penalties.
