Sometimes, the solution to avoiding a citation for contempt of court is a simple one: cease disobeying the court’s order(s) and do what you were ordered to do. However, it isn’t always that straightforward, and sometimes judges take impermissible actions in contempt cases. You may find yourself improperly cited for contempt at a hearing you didn’t even attend or may find yourself on the receiving end of an improper punishment. Whenever you are facing possible contempt, you need to know what to do. And what to do needs to start with retaining an experienced South Florida family law attorney.
A pair of recent cases point out how judges can go astray and how you can use the legal process to undo such actions when they happen. First, there was the case of K.A., a mother from here in Miami. In her case, the trial judge found her in contempt of court and also altered the terms of the parents’ timesharing arrangement. Neither parent had requested modification of timesharing; rather, the trial judge reduced the mother’s timesharing as a punishment for her contempt of court.
Altering your timesharing isn’t a proper penalty for contempt
The law gives judges several options when it comes to handing out penalties for a party’s contempt of court. The judge, depending on whether the contempt was civil or criminal, may order the party in contempt to go to jail, to pay a fine or pay things like the other side’s attorney’s fees and/or court costs. One thing that a judge cannot do in Florida is reduce a parent’s timesharing as a penalty for contempt. Modification of timesharing requires proof of several things, including evidence that it is in the best interest of the child. It also requires that one parent have made a motion and properly placed the issue of timesharing before the court. Simply modifying timesharing without a request for modification, solely because one parent was in contempt, is not proper, so the reduction of K.A.’s timesharing was reversed by the appeals court.