In Florida, contempt proceedings in domestic violence matters must follow strict procedural safeguards, especially when the court seeks to impose criminal sanctions. The distinction between civil and criminal contempt is not merely academic; it determines the type of relief available, the rights afforded to the accused, and the procedural rules the court must follow. A recent decision from a Florida court illustrates how a trial court’s failure to observe these safeguards can result in reversal. If you are facing contempt proceedings in a Florida family court, consulting a Miami family law attorney is essential to protecting your rights and ensuring compliance with the law.
History of the Case
It is reported that the trial court found the daughter in indirect criminal contempt and imposed a jail sentence after she allegedly violated an injunction for protection against domestic violence in favor of her mother. The trial court’s contempt finding arose from a motion filed by the mother, and the court held a hearing to determine whether the daughter should be held in contempt. The resulting order did not include a purge provision, thereby rendering the contempt finding criminal rather than civil in nature.
It is alleged that the trial court issued an order to show cause regarding the alleged contempt, but the order failed to include a statement of the essential facts constituting the contempt charge. Instead, the order only specified the time and place of the hearing and attached the motion for contempt without incorporating a sworn affidavit or outlining the factual basis of the alleged contempt. The daughter challenged the contempt finding on appeal, asserting that the trial court failed to comply with the procedural requirements of Florida Rule of Criminal Procedure 3.840. Continue reading ›