Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Sanctions may be imposed against a party in a Florida family law case who violates court orders. Before the sanctions are imposed, usually a hearing must be held. This was an issue in the case Delgado v. Miller, 3D25-2209 (Fla. 3d DCA January 21, 2026).
In this writ of certiorari case, the petitioner was ordered by the trial court to hire an attorney to communicate with the opposing party’s counsel and with the court, and did not allow her to continue to represent herself in the case. She filed the writ with the appellate court, arguing it was error for the trial court to enter this order without giving her an opportunity to show cause why the order should not be entered.
The appellate court granted the writ, holding “We agree that the imposed sanctions cause irreparable harm for the remainder of the proceeding and constitute a departure from the essential requirements of law by virtue of the fact that no order to show cause issued, and no opportunity to be heard occurred before the imposition of those sanctions.”
This article is not legal advice. Schedule a consultation with a Miami family law attorney for advice specific to your case.