Contempt of court is far more than a simple warning from a judge. It is a legally binding consequence that courts use to protect their authority and maintain order. When someone ignores a court order or disrupts judicial proceedings, they risk serious penalties. Understanding how contempt works—and how Florida courts apply it—can make a significant difference in the outcome of your case. If you may be facing contempt, the Brancato Law Firm, P.A. can help.

What Is Contempt of Court?

Contempt of court occurs when a person obstructs justice, violates a lawful court order, or disrespects the authority of the court. This power has deep roots. More than a century ago, the U.S. Supreme Court emphasized that contempt should be used only when “necessary or proper.” Gompers v. Buck’s Stove & Range Co., 221 U.S. 418 (1911).

Florida divides contempt into two main categories: criminal contempt and civil contempt. Criminal contempt is punitive. Civil contempt is coercive. Florida law further divides criminal contempt into direct and indirect forms.

Direct Criminal Contempt in Florida

Direct criminal contempt happens in the courtroom, in the judge’s presence. The court can see or hear the behavior firsthand. Examples include:

• Disrupting a hearing with yelling or gestures
• Threatening or insulting the judge
• Lying during jury selection (perjury in voir dire)

Although judges can address direct contempt immediately, Florida Rule of Criminal Procedure 3.830 now requires strict procedural compliance. The 2021 amendments ensure due process before punishment is imposed.

Indirect Criminal Contempt: Violations Outside Court

Indirect criminal contempt occurs outside the judge’s presence. Common examples include:

• Violating an injunction or failing to follow a court order
• Withholding evidence
• Making statements that obstruct justice
• Engaging in conduct that undermines the court’s authority

Because the judge did not witness the behavior, indirect contempt requires procedural safeguards, including written notice and an opportunity to defend the allegations. The defendant must receive due process before the court can impose punishment.

Florida law also provides a right to a jury trial if the court seeks more than six months of jail time. Tide v. State, 804 So. 2d 412 (Fla. 4th DCA 2001). This right carries important procedural protections, including time to prepare, discovery, and trial rights.

Indirect Criminal Contempt in Juvenile Proceedings

Florida appellate courts strictly enforce the rules governing contempt in juvenile cases. In C.M.B. v. State of Florida, No. 2D2024-0091 (Fla. 2d DCA Mar. 14, 2025), the Second District reversed a juvenile’s contempt adjudication because the trial court issued orders to show cause without affidavits from witnesses with personal knowledge. Florida Rule of Juvenile Procedure 8.150(c)(2) requires those affidavits.

The court relied on its earlier decision in A.N.W. v. State, 386 So. 3d 621 (Fla. 2d DCA 2024), explaining that failure to follow these procedural rules constitutes fundamental error. The case was reversed and remanded.

Criminal vs. Civil Contempt: Why the Distinction Matters

While both forms involve disobeying a court, they serve very different purposes.

Criminal Contempt

Criminal contempt is punishment for past behavior. Sentences are fixed. Even if the person later complies with the court’s order, the punishment remains.

Civil Contempt

Civil contempt is meant to force compliance. The person held in contempt typically has the ability to “purge” the contempt—meaning they can comply with the order and avoid further penalty.

A common example involves unpaid child support. The contemnor may be jailed until payment is made. They hold “the key to the jail cell.”

Penalties for Contempt in Florida

Criminal contempt can result in fines and jail time. When a statute does not specify the penalty, Florida Statute 775.02 caps the punishment at up to one year in jail and a $500 fine.

Civil contempt is not designed to punish. It is designed to compel compliance. Once the person follows the court’s order, the sanction is lifted.

Why Contempt of Court Is a Serious Legal Threat

Contempt can affect much more than the immediate case. Penalties may impact:

• Child custody disputes
• Employment or professional licensing
• Business relationships
• Future criminal proceedings

Because contempt carries both immediate and long-term consequences, anyone facing a contempt allegation should seek legal help immediately.

Why Hiring an Experienced Tampa Attorney Matters

Contempt hearings move quickly. Judges expect strict compliance with procedural rules. An experienced Tampa criminal defense attorney can help by:

• Challenging improper contempt findings
• Ensuring due process rights are honored
• Negotiating compliance plans
• Protecting clients from unnecessary or excessive penalties

With more than 25 years of criminal defense experience, Rocky Brancato has handled both civil and criminal contempt matters in Tampa, Hillsborough, Pinellas, and Pasco counties. The Brancato Law Firm, P.A. provides focused, strategic representation in high-stakes situations where your liberty and reputation are at risk. Call an experienced Tampa Criminal Defense Attorney today.

Call (813) 727-7159 for a consultation.

Frequently Asked Questions About Contempt of Court in Florida

What is the difference between criminal and civil contempt?

Criminal contempt punishes past conduct. Civil contempt compels future compliance. Criminal contempt usually involves a fixed sentence. Civil contempt ends when the person complies with the court’s order.

Can you go to jail for civil contempt in Florida?

Yes. Civil contempt can result in jail if the violation involves failure to comply with a court order, such as child support. However, the person must be given the ability to “purge” the contempt by complying.

Do you have a right to a jury trial for contempt?

Yes, but only when the court seeks more than six months of jail time. Under Tide v. State, the right to a jury trial includes full due process protections.

What is indirect criminal contempt?

Indirect criminal contempt involves violating court orders or engaging in conduct outside the courtroom that undermines the court’s authority. It requires written notice and a formal hearing.

Can juveniles be held in contempt of court?

Yes, but juvenile contempt proceedings must follow Florida Rule of Juvenile Procedure 8.150. Orders to show cause must be supported by affidavits. Failure to follow these rules is fundamental error.

How serious is a contempt charge?

Very serious. Contempt can lead to jail time, fines, and long-term consequences in family law, employment, and licensing. Early legal intervention is essential.

Can an attorney help avoid a contempt ruling?

Yes. A skilled Tampa attorney may negotiate compliance, seek modification of the order, or challenge an improper contempt finding. Representation often prevents unnecessary penalties.