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Contempt of Court in the Orlando, Florida Area

You may have heard of the term “Contempt of Court.” What exactly is contempt in the Orlando, Florida area? Contempt in Florida Courts is defined as a refusal to obey any legal order, such as a final judgment, temporary order, mandate, or decree, made or given by any judge, relative to any of the business of the Court. The Court must give the contemnor due notice thereof. 

That is the formal definition of contempt in the Orlando, Florida area. It is also defined as an act intending to embarrass, hinder, or obstruct the Court in the administration of justice or to lessen its authority or dignity. 

Types of Contempt of Court

There are different types of Contempt. One type of contempt is Direct Contempt. Direct Contempt is a contemptuous act that is committed in the immediate presence of the Court. Another type of contempt is Indirect Contempt. Indirect Contempt is committed outside the presence of the Court. 

These types of contempt can be further divided into Civil Contempt and Criminal Contempt. Civil Contempt is remedial, whereas Criminal Contempt is punitive. Criminal Contempt involves conduct that embarrasses, hinders, or obstructs the Court. The judge uses Criminal Contempt to punish the offender. 

Criminal Contempt of Court

If you were to swear at the judge, cause a disturbance in the courtroom in front of the judge, or have an outburst and bad behavior in court in front of the judge, that would be Criminal Contempt of Court. To hold someone in Criminal Contempt of Court, the judge must inform the contemnor of the facts that are the basis of the contempt. Then the contemnor has the chance to show cause as to why they should not be found in contempt of court. Direct Criminal Contempt must be proved beyond a reasonable doubt. 

Civil Contempt of Court

On the other hand, Civil Contempt is used to force a contemnor to do something. It can be used to force a parent or spouse to pay alimony or child support. The judge can place the offender in jail until the offender pays the child support or alimony. Once they do what needs to be done, they are released from jail. 

The money the offender must pay is called the purge amount. The judge can only have a purge amount in the monetary amount that the offender has the ability to pay. Civil Contempt can also be used to force a contemnor to tell the court where they have hidden money if the court has previously told them to disclose the whereabouts of that asset.  

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.