Tampa Attorney for Contempt of Court

Court orders are not mere suggestions—they are binding directives that must be followed. When someone disregards or disrespects a court’s authority, they risk being held in contempt of court, a powerful tool that courts use to maintain order and enforce their rulings. But what exactly does contempt mean, and how does it apply in different legal situations?

What Is Contempt of Court?

At its core, contempt of court refers to any action that obstructs the administration of justice, disrespects the authority of the court, or violates a lawful order. The U.S. Supreme Court  recognized very early on the significance of this power, while cautioning against its misuse, stating that it should only be exercised when “necessary or proper.“ Gompers v. Buck’s Stove & Range Co., 221 U.S. 418 (1911).

Florida law divides contempt into two main categories: criminal contempt and civil contempt, with further distinctions between direct and indirect criminal contempt.

Direct Criminal Contempt: Actions Committed in the Courtroom

Direct criminal contempt occurs in the presence of the judge, meaning the offending behavior happens in the courtroom where the judge can see or hear it firsthand. This can include:

• Verbally abusing or threatening the judge
• Disrupting proceedings with outbursts or offensive gestures
• Lying during jury selection (perjury in voir dire)

Because direct criminal contempt is an immediate offense, the court has the authority to address it on the spot. However, Florida Rule of Criminal Procedure 3.830 was amended in 2021 to require strict compliance with procedural safeguards before punishment can be imposed.

Indirect Criminal Contempt: Violations Outside the Courtroom

Unlike direct contempt, indirect criminal contempt occurs outside the presence of the judge and involves actions such as:

• Failing to comply with a court order (e.g., violating an injunction or failing to turn over evidence)
• Making public statements that obstruct justice
• Engaging in behavior that undermines the court’s authority

To hold someone in indirect contempt, courts must follow specific procedures, including providing notice of the allegations and allowing the accused a chance to defend themselves. This process ensures that individuals are not unfairly punished without due process.

Some people (including judges) are surprised to learn that a right to a jury trial attaches if more than six months imprisonment is sought. Tide v. State, 804 So. 2d 412 (Fla. 4^th DCA 2001). This important right comes with many due process rights, including the right to prepare for trial and engage in discovery.

Criminal vs. Civil Contempt: What’s the Difference?

While both criminal and civil contempt involve disobedience of the court, the distinction lies in the purpose of the sanction:

• Criminal contempt is punitive—its goal is to punish the offender for past misconduct. Sentences for criminal contempt are fixed, meaning they cannot be undone by future compliance.
• Civil contempt is coercive or remedial—it is meant to compel compliance with a court order. The individual held in civil contempt typically has the power to “purge” their contempt and avoid punishment by fulfilling the court’s demands.

For example, if a parent refuses to pay court-ordered child support, they may be jailed for civil contempt until they make the required payments. This is often referred to as the contemnor “holding the key to their jail cell.” On the other hand, if someone openly defies a judge in court, they might be sentenced to a fixed term of jail time for criminal contempt, with no option to avoid it by later complying.

The Consequences of Contempt

The penalties for contempt vary based on the type of offense. Criminal contempt, being punitive, can result in jail time and fines. Under Florida Statutes, 775.02, if no maximum punishment is specified, the sentence cannot exceed one year in jail and a $500 fine.

Civil contempt, on the other hand, is not meant to punish, but to enforce compliance. If an individual follows the court’s order—such as paying overdue support—they can be released from the sanction.

Why Contempt Matters

Contempt of court is not a minor infraction—it is a serious legal issue that can result in significant penalties, including jail time, fines, and damage to one’s reputation. More importantly, it can have long-term consequences, such as affecting custody disputes, business dealings, or professional licenses.

For those facing potential contempt charges, the best course of action is to seek experienced Tampa legal counsel immediately. In many cases, an experienced Tampa attorney can help negotiate compliance options, protect your rights, or challenge an unfair contempt ruling.

Final Thoughts

Courts wield substantial power when enforcing their orders, and contempt proceedings serve as a crucial tool to ensure compliance. However, this power must be exercised carefully, balancing the need for authority with the rights of those accused. An experienced Tampa lawyer can help ensure the process is fair and that your rights are protected.

Whether dealing with civil or criminal contempt, understanding the legal implications is critical. If you are facing contempt allegations or believe a court order is unfair, consulting with an attorney can make all the difference in protecting your rights. Put Rocky in your corner and he will guide you through the process and work hard to turn things around for you.

If you need legal guidance regarding a contempt charge, The Brancato Law Firm, P.A. has the experience to help. With over 25 years of criminal defense expertise, Rocky Brancato provides aggressive representation for clients in Tampa, Hillsborough, Pinellas, and Polk counties. Call 813-592-8981 today for a consultation. Put Rocky in your corner today!