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Criminal Contempt in an Orlando, Florida Marital & Family Law Case

There are a few things to know about CONTEMPT in an Orlando area Marital & Family Law Case.

Civil contempt is used obtain compliance on the party of a person subject to an order of the court. Criminal contempt is used to punish. Criminal contempt proceedings are utilized to vindicate the authority of the court or punish for an intentional violation of an order of court. Criminal contempt proceedings are either direct or indirect. Conduct committed outside the presence of the court is indirect criminal contempt. Where an act is committed outside the presence of the court, the proceeding to punish is for indirect (sometimes called constructive contempt).

Where criminal contempt is based upon the violation of a court order, the contemnor’s intent to violate the order is a necessary element of the offense. Intentional violation of the court order must be proven beyond a reasonable doubt. Furthermore, because criminal contempt is a crime in the ordinary sense, the imposition of criminal sanctions requires that a contemnor be afforded the same constitutional due process protections afforded to criminal defendants. Florida Rule of Criminal Procedure 3.840 which governs a prosecution for indirect criminal contempt, requires that the court issue an order to show cause with reasonable time allowed for preparation of the defense and further provide that the defendant is entitled to be represented by counsel, have compulsory process for the attendance of witnesses, and testify in his/her own defense.

It is well established that a party cannot be sanctioned for contempt for violating a court directive or order which is not clear and definite as to how the party is to comply with the court’s command. When a finding of contempt is based on a violation of court order, that order must be one which clearly and definitely makes the person aware of its command. For that reason, when a final judgment or order is not sufficiently explicit or precise to put the party in notice of what the party may or may not do, it cannot support a conclusion that the party willfully or wantonly violated that order.

Moreover, because a finding of contempt must be based upon a violation of the clear terms of a court order, a provision which is merely inherent in the trial court’s order will not support a finding of contempt. Implied or inherent provisions of a final judgment cannot serve as a basis for an order of contempt. A court order cannot base contempt upon noncompliance with something an order does not say. While acts may violate the spirit or intent of a trial court’s order, a finding of contempt requires the violation of the letter of an order-not it’s spirit.

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. You can visit my website at www.AnnMarieGildenLaw.com.

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