Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

When a party is accused of indirect criminal contempt in a Florida family law case, the case takes on criminal procedure elements that must be satisfied in order for the court to enter a judgment of contempt. Can prosecution costs be assessed against the accused if he or she is found to be in contempt? This was an issue in the case Robilotta v. Karkhoff, 4D2023-3049 (Fla. 4th DCA April 16, 2025).

The former husband was found guilty for indirect criminal contempt on eight separate counts for his failure to pay child support. He was also ordered to pay prosecution costs and to pay the former wife’s legal fees for restitution. The former husband appealed arguing the guilty verdicts amounted to double-jeopardy, the prosecution costs were unauthorized, and the court erred in ordering him to pay the former wife’s legal fees as restitution. The appellate court affirmed as to the double-jeopardy argument without comment, reversed on the prosecution fees, and dismissed the appeal as to the restitution order.

Regarding the prosecution costs, the appellate court held “Defendant primarily argues that because no state attorney was involved in the indirect criminal contempt proceeding, the trial court was without authority to impose prosecution costs. We agree and reverse on this issue. [. . .] Leyritz v. State, 93 So. 3d 1156, 1158 (Fla. 4th DCA 2012) (recognizing that the purpose of prosecution costs is ‘to compensate the state for the expenses of prosecution associated with individual violations’).”

Turning to the restitution issue, the appellate court noted “As represented in former wife’s answer brief, the restitution hearing setting the amount of legal fees to be paid by Defendant purportedly took place sometime after the instant appeal was filed. Defendant, however, has not filed an amended notice of appeal or otherwise supplemented the appellate record with the final restitution order. As such, all that is before this Court is an order reserving jurisdiction to award restitution, which is not yet appealable.” Therefore this issue was dismissed without prejudice.

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