Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In order for a party to be held in contempt in a Florida family law proceeding, certain procedural steps are required. One important step is appropriate notice to the party alleged to be in contempt. This was an issue in the case Azzam v. Diaz de la Portilla, 3D25-1428 (Fla. 3d DCA October 8, 2025).
In this case, the appellant filed a writ of certiorari directed toward a civil contempt order entered against her, arguing there was insufficient notice. Without specifying background facts, the appellate court granted the writ and quashed the order, citing Fla. Fam. L. R. P. 12.615(b) (“Civil contempt may be initiated by motion. The motion must recite the essential facts constituting the acts alleged to be contemptuous. No civil contempt may be imposed without notice to the alleged contemnor and without providing the alleged contemnor with an opportunity to be heard. The civil contempt motion and notice of hearing may be served in accordance with Florida Rule of General Practice and Judicial Administration 2.516 provided notice is reasonably calculated to apprise the alleged contemnor of the pendency of the proceedings. The notice must specify the time and place of the hearing and must contain the following language: ‘FAILURE TO APPEAR AT THE HEARING MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY ATTACHMENT FOR YOUR ARREST. IF YOU ARE ARRESTED, YOU MAY BE HELD IN JAIL UP TO 48 HOURS BEFORE A HEARING IS HELD.’ This notice must also state whether electronic recording or a court reporter is provided by the court or whether a court reporter, if desired, must be provided by the party.”).
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