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.
Failure to Follow Procedural Requirements for Criminal Contempt
On appeal, the court emphasized the critical procedural distinction between civil and criminal contempt. Civil contempt is designed to compel compliance with a court order and must include a purge provision that allows the contemnor to avoid the sanction by complying. In contrast, criminal contempt is punitive, designed to uphold the authority of the court, and is treated as a criminal proceeding requiring full constitutional protections.
The court held that the trial court’s order constituted a criminal contempt sanction because it imposed a jail sentence without a purge provision. As such, the court was required to follow Florida Rule of Criminal Procedure 3.840, which mandates that an order to show cause must set forth the essential facts constituting the contempt and provide the defendant reasonable notice to prepare a defense. The rule also allows for the attachment of a sworn affidavit that outlines the factual basis of the alleged contempt.
In this case, the court found that the trial court failed to comply with Rule 3.840 because the order to show cause lacked a statement of the essential facts and did not provide adequate notice that the hearing involved criminal contempt charges. The court held that this failure constituted fundamental, reversible error. As such, the court reversed the trial court’s imposition of a forty-day jail sentence and remanded for further proceedings consistent with the requirements of Rule 3.840.
Consult an Experienced Miami Family Law Attorney
Contempt proceedings in Florida domestic violence cases can carry serious consequences, including incarceration. Courts must strictly adhere to the procedural rules that protect the rights of those accused of contempt, especially when criminal penalties are involved. If you are facing allegations of contempt, the attorneys at The Law Offices of Sandy T. Fox, P.A. can help you mount an effective defense grounded in Florida law and constitutional principles. To learn more or to schedule a confidential consultation, call 800-596-0579 or contact us online. Our firm proudly serves clients in Miami, Fort Lauderdale, and throughout South Florida.