Florida Contempt Defense Lawyer

florida contempt lawyer

Florida Contempt Lawyer

Contempt of court in Florida is serious. It includes any act that disobeys a court order or shows open disrespect for a judge’s authority. Judges use contempt to either compel compliance (civil contempt) or punish misconduct (criminal contempt). If you’re concerned about a contempt allegation, understanding the process and your rights is critical.

Key Things to Know

  1. Definition: Refusing or failing to obey a lawful court order.
  2. Direct vs. Indirect: Did it happen in the courtroom (direct) or outside it (indirect)?
  3. Civil vs. Criminal: Civil aims to make you comply; criminal aims to punish.
  4. Procedures: Criminal contempt has stricter rules and due-process requirements.
  5. Penalties: Fines, jail, and other serious consequences are possible.

What Is Contempt of Court?

Three elements must exist for a contempt finding: (1) a lawful court order, (2) the ability to comply, and (3) a willful refusal to do so. The person accused is called the “contemnor.” Even a small procedural mistake by the court can affect the outcome, which is why legal guidance is vital.

Direct vs. Indirect Contempt

Direct contempt happens in court in the judge’s presence—such as ignoring repeated instructions to stop disruptive behavior. Indirect contempt occurs outside court—for example, failing to pay court-ordered child support or ignoring an injunction.

Civil vs. Criminal Contempt

In civil contempt, the judge is trying to make you do something—often by setting a “purge” amount or steps you can take to avoid or end jail time. In criminal contempt, the goal is punishment for past behavior, and compliance afterward doesn’t erase the penalty.

When Judges Choose Criminal Contempt

Judges often reserve criminal contempt for serious or repeated misconduct or blatant disrespect. Missing a court date after a subpoena is a common example. Because jail and a criminal record are possible, acting quickly is essential.

What to Expect at a Contempt Hearing

Criminal contempt hearings require strict compliance with Florida Rules of Criminal Procedure—Rule 3.830 for direct and Rule 3.840 for indirect contempt. These rules protect your rights and outline the process, from notice to sentencing.

Direct Criminal Contempt – Quick Facts

  • Judge saw or heard the conduct directly.
  • You must be allowed to explain or present mitigating facts.
  • Written findings are required for a conviction to stand on appeal.

Indirect Criminal Contempt – Quick Facts

  • Starts with a written order to show cause detailing the alleged violation.
  • You can respond with motions, defenses, or requests for more time.
  • A hearing with testimony and evidence is required.

Civil Contempt Procedure

Civil contempt is less formal, but you still have rights to notice and a fair hearing. The court will usually set clear steps to purge the contempt—such as paying an amount owed—before jail time is enforced.

Does Contempt Appear on Background Checks?

Yes, sometimes. Criminal contempt is likely to appear. Civil contempt may not, but reporting practices vary. Any public record of contempt can affect jobs, housing, and professional licensing.

Possible Penalties for Contempt

  • Jail
  • Fines
  • Wage garnishment
  • Professional license suspension
  • Future credibility issues in court

Violating an Injunction

Violating a domestic violence injunction is a separate offense under Florida Statute 741.31. It can be charged as a misdemeanor or felony, with penalties up to one year in jail—or more for repeat violations.

Watch: Understanding Contempt in Florida

Our attorneys explain contempt law and how we defend clients facing these charges:

How Fighter Law Can Help

We move fast to review the order, assess your ability to comply, and identify procedural issues. We can negotiate purge conditions, prepare for hearings, and work to minimize the impact on your future.

Call (407) 344-4837 or contact us online for help now.

Related Pages