Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is the difference between civil contempt and criminal contempt in a Florida family law case? The key difference turns on the goal of the contempt - if it is to persuade a person to take action, it is civil contempt.; if it is to punish a person for wrongdoing, it is criminal contempt. Each type carries different procedures. This was an issue in the case Portee-Jones v. Portee, 1D2023-0049 (Fla. 1st DCA February 26. 2025).
This domestic violence injunction case involved a mother and a daughter. The mother sought and obtained an injunction against her daughter. The daughter possibly violated the injunction which resulted in the court sentencing her to jail, and an appeal was taken.
The appellate court noted the difference between civil and criminal contempt and determined this case involved criminal contempt. But since the trial court did not follow the required steps to find the daughter in criminal contempt, the jail sentence was reversed. The court held “As a result of [the mother’s] motion, the trial court held [the daughter] in contempt and imposed a sanction of jail time. The order contained no purge provision, making it a criminal sanction, and the trial court did not adhere to the procedural requirements of rule 3.840 in imposing the sanction. Imposition of such a sanction here and without following the required notice procedures constitutes fundamental error. [. . .] The order served to [the daughter] merely announced a hearing time and place on the motion for contempt/enforcement with the motion attached. The essential facts constituting the criminal contempt charged were not detailed nor was notice given that [the daughter] must come prepared to defend the criminal contempt allegations. Thus, the trial court failed to satisfy the requirements of rule 3.840(a).”
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