Contempt of Court in Florida

Are You Working To Enforce A Court Order?

Divorce agreements are legally binding documents that require each party to follow certain guidelines moving forwards. However, just because a court issues an order doesn’t mean that all parties will follow all of the terms outlined. In these cases, you may need to return to court to file a motion for civil contempt in order to ensure that receive everything you were granted in your divorce agreement.

Call us at (813) 328-6159 to speak with one of our attorneys today.

Fighting with a spouse or ex-spouse over family law issues can be incredibly difficult even in the most cordial of relationships, and can become almost impossible to handle when they refuse to even follow a court order. The attorneys at Givens Law Group have worked with thousands of clients since we first opened our doors, and we are ready to provide each new client we take on with the experienced and dedicated representation they need. Contact us today to learn what we can do for you.

What is Contempt of Court?

Civil Contempt of Court in Florida refers to a situation where a person fails to comply with a court order, and this noncompliance is viewed as disrespecting the authority of the court. Civil contempt is often used in family law cases to enforce court orders related to child custody, child support, alimony, visitation rights, or any other family-related matters.

The primary purpose of civil contempt is to compel compliance with the court order. It is not intended as a punishment but as a means to enforce the court's directive. The burden is on the party seeking contempt to prove, by clear and convincing evidence, that the other party willfully failed to comply with the court order.

A person can only be found in civil contempt if the failure to comply was willful. This means the individual had the ability to comply with the order but chose not to.

In Florida family courts, common penalties for civil contempt may include:

• Fines: The court may impose monetary fines as a way to compel compliance.
• Compensatory Sanctions: This could involve requiring the non-compliant party to compensate the other party for losses incurred due to the contempt.
• Modification of Custody or Visitation: If a party is found in contempt related to custody or visitation orders, the court might modify those arrangements to protect the best interests of the child.
• Incarceration: While more common in criminal contempt cases, a judge may order short-term incarceration until the contemnor complies with the court order (e.g., paying child support).
• Attorney Fees: The court may order the non-compliant party to pay the attorney fees incurred by the other party as a result of having to enforce the order.
• Performance of Specific Acts: The court might order the contemnor to perform specific acts that comply with the original order (e.g., making a past due child support payment).
• Community Service: In some cases, the court may order the contemnor to perform a set number of hours of community service.

Filing A Motion For Civil Contempt

The most common times an ex-spouse willfully ignores a court order are when children or money are involved. If you find yourself in this situation, filing a motion for civil contempt may be your best option moving forwards. The steps involved in the process include:

• Explain Your Issues: The first thing you need to do in your motion is to outline what your ex-spouse has done or is doing that violates the court order. Whether they’re denying you time with your child during scheduled parenting time, withholding alimony or child support, or anything else, you need to lay out the situation to the court.
• Serve Papers: In addition to filing your motion with the court, you need to serve your ex-spouse with the motion to give them notice of the legal action you are taking.
• Return to Court: The court will set a hearing date once you’ve filed your papers. After this, you need to serve notice of the hearing to your ex-spouse and prepare to prove your case in court. It is your responsibility to provide sufficient evidence that your ex-spouse has failed to comply with the court order. This includes proving that you have a court order approved and signed by a judge, your ex-spouse had the ability to comply with the court order, and that your ex-spouse failed to comply.

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Hire A Law Firm You Can Trust

At Givens Law Group, our lawyers have decades of experience handling these types of cases, and have worked with thousands of families and individuals to help them fight for the legal outcome they deserve. If you are fighting to enforce a court order, our team is ready to help you prepare a plan of action that will put you in the best position possible moving forwards. Call us at (813) 328-6159 to discuss your case over the phone today, or send us the details of your case through our online form.