What Is Contempt of Court in Florida? Penalties and Defenses
Written and reviewed by Daniel B. Reinfeld, Esq. | Last updated October 28, 2026
Contempt of court is disobeying a court order or disrupting the court's work. In Florida, it comes in two kinds. Civil contempt is meant to force someone to comply, and the person can end the sanction by complying. Criminal contempt is meant to punish past disrespect or disobedience, and it carries the protections of a criminal case. Penalties can include fines, attorney's fees, and jail.
What is contempt of court?
Contempt of court is conduct that disobeys a court order or interferes with a court's authority or proceedings. Courts need to be able to enforce what they order and keep order in the room, and contempt is the tool for that.
The conduct can happen in front of the judge, such as shouting at the court or refusing to answer a question after being ordered to. It can also happen away from the courthouse, such as not paying court-ordered support, ignoring a subpoena, or violating an injunction. Florida law sorts these situations into categories that decide how the case proceeds.
What is the difference between civil and criminal contempt?
Civil contempt is coercive. Criminal contempt is punitive.
Civil contempt aims to compel future compliance with a court order or compensate someone for losses from willful noncompliance. The person holds the keys to the sanction: comply, and it ends. A court cannot jail someone for civil contempt unless the person has the present ability to comply with the order. That rule comes from Bowen v. Bowen, 471 So. 2d 1274 (Fla. 1985), a support case in which due process required a finding of ability to purge before incarceration.
Criminal contempt punishes past willful disobedience or disrespect. Because it punishes, it requires the due process protections of a criminal proceeding. Florida's criminal procedure rules, 3.830 and 3.840, govern it. Family law rule 12.615 says expressly that punitive contempt is criminal and falls under those rules.
What is direct contempt?
Direct contempt is conduct the judge personally saw or heard in the courtroom. Rule 3.830 allows a court to punish direct criminal contempt summarily, meaning right away, only when the conduct occurred in the actual presence of the court.
Even then, the rule requires specific steps. The judge must tell the person of the accusation and ask whether they have cause to show why they should not be found guilty and sentenced. The judge must give the person a chance to present evidence of excusing or mitigating circumstances. The judgment must recite the facts supporting it, be signed and entered of record, and the sentence must be pronounced in open court. If necessary to protect people in the courtroom, the judge may temporarily detain and remove the person, then follow the procedure once the danger has passed.
What is indirect contempt?
Indirect contempt is conduct outside the judge's presence, such as violating an order at home, at work, or elsewhere. Because the judge did not see it, the court has to prove it.
For indirect criminal contempt, Rule 3.840 requires an order to show cause. The judge may issue it on the judge's own motion or on an affidavit from someone with knowledge of the facts. It must state the essential facts of the alleged contempt, require the person to appear, and set the time and place of the hearing, with a reasonable time to prepare. The person may be represented by counsel, may use compulsory process to obtain witnesses, and may testify in their own defense. The person may move to dismiss, ask for a statement of particulars, or answer the order, and failing to file is not an admission of guilt. The rule says the judge hears and decides all issues of law and fact, and it requires a different judge when the contempt involves disrespect to or criticism of the judge.
What are examples of contempt of court?
Direct contempt examples include yelling at the judge, refusing to answer a proper question after a court order to do so, or disrupting a hearing.
Indirect contempt examples include not paying court-ordered child support or alimony, violating a restraining order or injunction, refusing to comply with a discovery order, and ignoring a subpoena. My article on what a subpoena is in Florida explains why ignoring one can lead to a contempt motion. Giving false testimony is a separate problem. Lying under oath can be perjury, which is a crime of its own. My article on what perjury is in Florida covers it.
What is the penalty for contempt of court in Florida?
It depends on the type of contempt and the court. Civil contempt sanctions can include jail, attorney's fees, suit money and costs, compensatory or coercive fines, and other coercive relief. Under Family Law Rule 12.615, which governs civil contempt in support matters, any incarceration, coercive fine, or other coercive sanction must come with purge conditions based on the person's present ability to comply. The court must make a separate, affirmative finding of that ability, with its factual basis. The rule sets no fixed maximum jail term or fine, because the sanction is tied to the purge.
Criminal contempt sanctions can include a fine or jail as punishment for what has already happened. The amount depends on the judge, the conduct, and the case, and there is no single number that fits every situation. A lawyer should review the specific charge, because the rights and the risk change with the potential sentence.
What is a purge?
A purge is the action that ends a civil contempt sanction. If a judge finds you in civil contempt for not paying support, the purge might be paying a set amount by a set date. The purge has to be something you are actually able to do. If a court jails someone without finding that they can meet the purge, the sanction stops being coercive and becomes punishment.
What happens at a contempt hearing for unpaid support?
Family Law Rule 12.615 sets the steps. The motion must recite the essential facts. The person must receive notice and an opportunity to be heard, and the notice must include a warning about a writ of bodily attachment and up to 48 hours in jail before a hearing. At the hearing, the court decides whether a support order exists and whether the person failed to pay. If the person appears, the court decides whether they had the present ability to pay and willfully failed to pay. If they do not appear, the court sets a reasonable purge amount and may issue a writ of bodily attachment.
A contempt order must find a prior support order, nonpayment, present ability to pay, and willful noncompliance, and recite the supporting facts. A prior support order creates a presumption of ability to pay, and specific findings on ability are required, according to Faircloth v. Faircloth, 339 So. 2d 650 (Fla. 1976), and Garo v. Garo, 347 So. 2d 418 (Fla. 1977), as summarized in a commentary on Bowen.
What are the defenses to contempt of court?
The right defense depends on the type of contempt, but the main ones are these:
You did not violate the order. The court must show the conduct actually disobeyed what the order required.
You could not comply. In civil contempt, inability to pay or perform is central, since the court must find present ability to comply. If the nonpayment was not willful, the court may still grant appropriate relief, but not as contempt.
The violation was not willful. Contempt requires willful noncompliance, and a misunderstanding, an honest mistake, or circumstances beyond your control can matter.
You did not get proper notice or process. Rules 3.830, 3.840, and 12.615 each require notice and an opportunity to be heard, and failure to follow them can undermine the finding.
There are excusing or mitigating circumstances. Even where the facts are not disputed, the rules give you the right to present evidence that excuses or lessens the conduct, and it affects the outcome.
If you have been served with a motion for contempt or an order to show cause, do not ignore it. Missing the hearing can lead to a writ of bodily attachment, and the earlier a lawyer reviews the order and the facts, the more options you have.
Does contempt come up in personal injury cases?
It can, though it is uncommon. The usual setting is a party who ignores a court order in the case, such as an order to answer discovery, appear for a deposition, or comply with a subpoena. Judges usually start with other tools, such as ordering compliance, awarding the other side's fees, or limiting what a party can present. Contempt is held back for willful defiance.
If you are a plaintiff, the practical lesson is to respond on time to discovery and to every court order, and tell your lawyer right away if you cannot. My articles on what interrogatories are in Florida and what a deposition is in Florida explain the deadlines and duties.
Frequently Asked Questions
What is contempt of court in simple terms?
Contempt of court is disobeying a court order or disrupting court proceedings. Courts can sanction it with fines, fees, or jail.
What is the difference between civil and criminal contempt in Florida?
Civil contempt is coercive and ends when you comply with the order. Criminal contempt punishes past willful disobedience or disrespect and carries criminal-style due process protections.
What is direct contempt?
Direct contempt is conduct the judge saw or heard in the courtroom. Rule 3.830 allows summary punishment, but only with required steps, including notice of the accusation and a chance to present mitigating evidence.
What is indirect contempt?
Indirect contempt is conduct outside the judge's presence, such as violating an injunction or not paying support. Indirect criminal contempt requires an order to show cause under Rule 3.840.
Can you go to jail for contempt of court in Florida?
Yes. Jail is possible for both civil and criminal contempt. In civil contempt, the court must first find that you have the present ability to meet the purge conditions.
What is a purge in contempt cases?
A purge is the action that ends a civil contempt sanction, such as paying a set amount of support. It must be something you are actually able to do.
What are defenses to contempt of court?
Common defenses include that you did not violate the order, that you could not comply, that the violation was not willful, that you lacked proper notice, or that there are excusing or mitigating circumstances.
Can I be held in contempt for not paying child support if I lost my job?
Possibly, but the court must find that you had the present ability to pay and willfully failed to pay. Inability to pay is a central defense, so talk to a family law lawyer right away.
Call Today. Discuss Your Court Orders Directly With Dan
If you are worried about a court order, a deadline, or a contempt motion in a case involving an injury, talk to a lawyer before the hearing. When you call Daniel B. Reinfeld, PA, you speak directly with Dan, not a call center, and he handles your case personally. Dan has practiced law in Florida for more than 25 years and has tried felony cases as a public defender, so he understands what is at stake in a courtroom. Consultations are free, and there is no fee unless we recover for you. Dan meets by phone, Zoom, at the hospital, or at your home, with evening and weekend appointments available.
Call (954) 923-6110 or email dan@reinfeldlaw.com.
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Related guides: What is perjury in Florida, What is a subpoena in Florida, What is a deposition in Florida, What are interrogatories in Florida, What is a mistrial in Florida, What is a plaintiff in Florida, Hollywood car accident lawyer
Sources: Florida Rule of Criminal Procedure 3.830 (Direct Criminal Contempt); Florida Rule of Criminal Procedure 3.840 (Indirect Criminal Contempt); Florida Family Law Rule of Procedure 12.615 (Civil Contempt in Support Matters); Casemine, Establishing the Ability to Purge Requirement in Civil Contempt Proceedings for Child Support (discussing Bowen v. Bowen, 471 So. 2d 1274 (Fla. 1985)).
This article provides general information about Florida law. It is not legal advice, and reading it does not create an attorney-client relationship. If you face a contempt motion, order to show cause, or possible jail, speak with a lawyer right away.
© 2026 Daniel B Reinfeld, PA. All rights reserved.
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