Contempt & Enforcement

Question 1

What is the standard of review on contempt?

Answer 1

Abuse of discretion. Brooks v. Brooks

Question 2

When is a contempt order considered an abuse of discretion?

Answer 2

When the order is not supported by competent, substantial evidence.

Question 3

Can a person be held in contempt of an order that is not clear?

Answer 3

No, in order to be held in contempt of a courts order, the order must be clear and precise and the persons conduct must be in clear violation of the order.

Question 4

When can trial court hold a party in civil contempt when they violate a court order?

Answer 4

Upon a finding that the party has the present ability to comply with the order and willfully refuses to do so.

Question 5

Can a person be held in contempt due to nonpayment of a debt NOT involving support?

Answer 5

No.

Question 6

Are property awards enforceable by contempt.

Answer 6

No. The only available remedies are those of creditor against debtor.

Question 7

Can a person be held in contempt for failure to sig a quitclaim deed?

Answer 7

Yes, per FL. Fam. L.R.P., 12.570, a court can use their contempt powers to perform an act other than payment of money (i.e, sign title, deed or transfer document).

Question 8

Are attorney fee orders enforceable by contempt?

Answer 8

Yes. Trial courts may use contempt to enforce orders awarding atty fees even when there are no children and no alimony was awarded.

Question 9

What are the four types of contempt?

Answer 9

Direct Civil Contempt
Indirect Civil Contempt
Direct Criminal Contempt
Indirect Criminal Contempt

Question 10

What is the definition of contempt?

Answer 10

A refusal to obey any legal order, mandate, or decree, made or given by any judge relative to any of the business of the court, after due notice thereof, is contempt, punishable accordingly.

Question 11

What is direct contempt?

Answer 11

A contemptuous at that is committed in the immediate presence of the court.

Question 12

What is indirect contempt?

Answer 12

An act committed outside the presence of the court.

Question 13

What is the main difference between civil and criminal contempt?

Answer 13

Civil contempt is remedial whereas criminal contempt is punitive.

Question 14

is criminal contempt available in a civil matter.

Answer 14

Yes.

Question 15

What is criminal contempt?

Answer 15

Criminal contempt involved conduct that is calculated to embarrass, hinder, or obstruct the administration of justice and is used to vindicate authority of the court and to punish the offending participant.

Question 16

What is civil contempt ?

Answer 16

Used to coerce an offending party into complying with a court order rather than to punish the offending party for failure to comply with order.

Question 17

How to determine if contempt proceedings are civil or criminal?

Answer 17

Look at the nature of the alleged contemptuous acts, not the nature of the cause from which the contempt citation arose.

Question 18

What is required to be included in a civil contempt order?

Answer 18

A purge provision.

Question 19

What are the elements of direct criminal contempt?

Answer 19

SCOPES
- Defendant must be informed of the accusation and given an opportunity to SHOW CAUSE why he or she should not be found guilty of contempt.
- Judgment shall be signed, entered of record and pronounced in OPEN COURT.
- If court finds contempt, just give defendant opportunity to present EVIDENCE of excusing or mitigating circumstances prior to sentencing.
- SUMMARY punishment.
- WRITTEN JUDGMENT of guilt must include recital of facts.

Question 20

What is the burden of proof for direct criminal contempt?

Answer 20

Proven beyond a reasonable doubt.

Question 21

Is a defendant entitled to counsel in a direct criminal contempt proceeding?

Answer 21

If offense is punishable by incarceration exceeding 6 months.

Question 22

What are some examples of direct criminal contempt?

Answer 22

Perjury, failure to testify in response to a subpoena, continued speaking objections after being admonished for same, calling the judge a son of a bitch, etc.

Question 24

What is the burden of proof for indirect criminal contempt?

Answer 24

The movant must prove, beyond a reasonable doubt, that the defendant willfully violated court order. However, where the contemnor claims an inability to comply with a court order as a defense, the contemnor has the burden of proving, by a preponderance of the evidence why he or she was unable to obey the court order.

Question 25

What findings must the court make for civil contempt?

Answer 25

1. Prior order entered
2. Failure to pay/comply
3. Present ability to pay/comply
4. Willful failure to comply
5. Facts to support findings
6. If incarcerated, must make separate additional finding of present ability to pay.

Question 26

What is the burden of proof for civil contempt?

Answer 26

1. Initial burden on movant in contempt proceeding to show prior court order (a clear and unambiguous prior court order) and failure to pay;
2. Burden then shifts to defaulting party to show inability to pay.
3. If Court finds willful violation and incarceration is appropriate, there must be a separate, affirmative finding of present ability to pay the purge amount.

PREPONDERANCE OF EVIDENCE