How can I file a contempt of court motion in a pending family law case, and what supporting proof should I include? - Florida
The Short Answer
In Florida family cases, a contempt request generally must be tied to a clear, existing court order and supported with proof showing the other party’s noncompliance and that the noncompliance was willful. What you should include depends heavily on the type of order allegedly violated (time-sharing, support, injunction terms, etc.), and mistakes can lead to denial or delay.
What Florida Law Says
Florida courts can enforce certain family-law-related orders through contempt, but the court will typically focus on whether there is a valid order in place, whether the alleged violator had notice of it, what specific conduct violated it, and whether the violation was willful. The court also expects your filing to clearly state the relief you are asking for and to be supported by sworn facts and reliable documentation when required.
The Statute
The primary law governing this issue is Fla. Stat. § 741.30.
This statute establishes that a violation of a domestic violence injunction may be enforced through a civil or criminal contempt proceeding (in addition to other remedies).
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: In injunction matters, the court can set hearings quickly, and temporary injunctions can be time-limited—timing and notice issues can affect whether the court will hear your request and what relief is available.
- Burden of Proof: Contempt typically turns on proving a specific order existed and was violated, plus showing the violation was willful. That often requires the right mix of certified copies of orders, service/notice proof, and credible supporting records (messages, payment histories, exchange documentation, third-party records).
- Exceptions: Some disputes are not contempt issues at all (they may require modification, clarification, or a different enforcement remedy), and injunction-related enforcement can involve both civil and criminal pathways with different risks and consequences.
Trying to handle this alone can lead to procedural errors or dismissal of your case.
Get Connected with a Florida Attorney
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.