An Overview of Contempt of Court Action in the State of Florida
Florida law defines contempt of court to be the willful disobedience of a court order or the non-payment of alimony or child support. This can have different implications, largely because there are two types of contempt: civil and criminal contempt.
Civil contempt occurs when a person disobeys a civil court order, such as an order for alimony payments or child support. The contempt is considered civil in Florida courts when the purpose of the order is to coerce compliance with the person’s legal obligations or court orders. A civil contempt order requires the contemnor to take action to pay the amount of unpaid support or other obligation. Once the obligation has been satisfied, the contempt order terminates.
Criminal contempt, on the other hand, occurs when the sanction on conviction is punishment, a fine or a sentence of imprisonment . Criminal contempt in Florida involves activities that obstruct the administration of justice, such as tampering with witnesses or jurors, making false statements to a court, destruction or alteration of court files and communications to the court from individuals whose licenses to practice law have been challenged for cause. Contempt can also be invoked for violations of confidentiality in family law cases, such as by contacting a family member, relative, witness or party that the individual has been ordered not to contact.
Contempt can result in a finding of guilt in both civil and criminal cases. The difference is that civil contempt is not prosecuted by the state and is punishable by imprisonment until the person complies with the court order. The contempt must be remedied by the contemnor before he or she can be released. In Florida, contempt is also considered a "petty offense" and does not require a jury trial. Criminal contempt is prosecuted by the state and requires a jury trial.
It is usually up to the individual party to file a motion seeking contempt of court.
The Difference: Felonies and Misdemeanors
Under the law, contempt of court can be classified as either a felony or a misdemeanor. A felony constitutes what is considered a more serious crime and will carry harsher penalties than a misdemeanor upon conviction. Felony classifications can be further broken down into subcategories such as first-degree, second-degree and third-degree felony. A first-degree felony is the most serious of all of these offenses, while a third-degree felony is the least severe. Penalties for first-degree felonies include a variety of sentencing options with a maximum prison term of life and a significant fine. A maximum of 30 years and a significant fine is possible for second-degree felonies, while a third-degree felony carries a maximum penalty of up to five years and a fine of $5,000. The actual definition of misdemeanor is an offense less severe than a felony, but often referred to as a quote-unquote "petty" offense. There are littering policies in effect that provide fines for those guilty of committing misdemeanors, while other misdemeanors involving almost all disqualifying non-traffic related offenses will carry sentences of up to one year.
Does Contempt of Court Constitute a Felony Offense in Florida?
Contempt of court is a legal term that refers to an individual’s blatant failure to obey a court order. The contempt charge can result from an individual breaking any number of court orders, including divorce decrees, temporary injunctions, subpoenas, child support, visitation, and more. The penalties for a contempt finding can be severe and can include jail time and fines. It is important to note that although violations of court order are serious, contempt of court is not a felony charge in Florida.
Despite the law’s disfavor of jailing a man or woman for debts, under certain circumstances, it is used. Florida Statute § 32.035 details what is required before an alimony obligor can be held in contempt and incarcerated:
While it is not entirely clear whether the statute permits incarceration in all instances of contempt of court, in practice it is thought to permit incarceration only when the contempt is willful (ie.- the contemnor willfully violated the prior court order.) Courts strictly construe the statute and do not favor incarceration for enforcement of court orders. In Arnold v. Arnold, the Florida First District Court of Appeal held that, "Although incarceration for contempt is permissible in support proceedings, it must be viewed as an extraordinary and drastic remedy to be applied only in the most egregious cases." Arnold v. Arnold, 470 So. 2d 715 (Fla. 1st DCA 1985).
In the recent case of Smith v. Smith, the court held that only an apparent ability to pay is necessary before one can be incarcerated. Smith v. Smith, 653 So. 2d 439 (Fla. 4th DCA 1995). This appears to be in conflict with the court’s holding in Diamond v. Moreira, 680 So. 2d 570 (Fla. 2d DCA 1996), which held that a court must consider all of the obligor’s income sources and possible forms of assets before incarceration will be permitted.
Given the inconsistency on this issue among Florida’s appellate courts in the cases cited above, a trial court’s order determining an obligor’s ability to pay is likely to be upheld unless a party’s ability to pay can be shown. A trial court is entitled to resolve any conflicts in evidence against the obligor.
Penalties for Committing Contempt of Court in Florida
The consequences of contempt of court vary according to whether the contempt is civil or criminal. Generally, the penalty for civil contempt for violating a court order is a coercive sanction intended to compel compliance with the court order by coercion. This penalty is issued until the defendant complies with the order. For example, if you were in civil contempt for failing to pay child support, the judge could set a purge date by when you need to pay the overdue support. The civil contempt is not intended as a punishment, it is to get you to comply with the order of the court.
If you do not comply, the judge could send you to jail. However, jails and prisons in Florida are overcrowded to the point where it is often cheaper for the state to pay people not to work and to stay at home instead of sending them to jail. This is one of the reasons why jailing people for civil contempt is unfortunately a rare occurrence. More often, the penalty for civil contempt is monetary in that it boils down to a fine, a big fine, and a threat of jail if you don’t make that payment.
A party facing a contempt motion is entitled to an evidentiary hearing in which they assert their defenses. If you can sufficiently prove that you did not have the ability to comply with the court order , the contempt will not hold.
Criminal contempt, on the other hand, can lead to a jail sentence or fine. Criminal contempt is intended as a punishment for the contemptuous act and does not offer the contemnor the chance to correct the actions. It is more like a criminal charge than it is like a civil action. The burden of proof in a criminal contempt action is sometimes clearer than that of a civil contempt action. The standard is beyond a reasonable doubt and not clear and convincing. The party moving for a civil contempt order does not have to prove the intent or knowledge of the party owing the duty. However, this may differ in a criminal contempt charge.
The penalties for contempt are largely going to depend on the circumstances of the transgression. If, for example, the contempt is for failure to pay child support, the judge is much more likely to use the power of the court to coerce the release of the money than they are for a simple contempt for failure to respond to interrogatories.
In the case of civil contempt, the judge may warn a party that he/she must comply with the order or face consequences. However, the judge may also choose to go ahead and issue the contempt order and civil contempt finding, but will simply take more time to impose the punishment.
Defense Strategies for Contempt of Court Allegations
Regardless of whether it’s child support or another issue, individuals are often accused of contempt of court. Even pre-judgment issues can make people liable for contempt of court. Fortunately, though, there are a few defenses against contempt of court issues available to residents in Florida. It’s vital for the accused to understand what those defenses are, as such information can help their legal professionals prepare for trial and ultimately avoid punishments that might otherwise apply.
One of the most common legal defenses against contempt of court issues is inability to comply. Florida courts understand that some people simply do not have the resources to meet their obligations. Therefore, sometimes the court combines this defense with needing Downing. Downing holds that the court must ask whether the punishment for contempt of court fits the crime. However , if a person cannot afford to pay, the punishment may be too harsh, even if it is fair. That is why this is one of the main defenses to contempt of court in Florida.
In addition, both under Downing and one of the other defenses, if there is improper service, the accused cannot be held in contempt of court. If the original document is served improperly, then contempt cannot be claimed. Impossibility is another defense. Parents can only be held in contempt for not paying child support if money is readily available. They cannot, for example, be held in contempt because they were out of town the day the payment was due. This means that while the accused must be responsible for paying child support, the punishment must fit their circumstances.