Contempt of court is Florida’s primary enforcement mechanism when one party ignores a family court order. Whether the violation involves unpaid child support, blocked parenting time, ignored alimony obligations, or failure to comply with property division orders, the court has real power to compel compliance — including fines and incarceration. Attorney Mindi Lasley handles contempt of court proceedings throughout Tampa and Hillsborough County, filing motions for enforcement and defending clients against contempt allegations.
What is the definition of Contempt of Court?
A party is in contempt of court in a Florida family law case when they willfully fail to comply with a valid court order they had the ability to obey. The key word is willful — accidental non-compliance is treated differently than deliberate defiance. Common grounds for contempt in Hillsborough County family court include:
- Failure to pay court-ordered child support
- Failure to pay court-ordered alimony
- Denial of court-ordered parenting time
- Failure to comply with property transfer orders from the final judgment
- Violation of a domestic violence injunction
- Failure to produce financial documents as ordered during discovery
- Relocating a child in violation of the parenting plan without court approval
Civil vs. Criminal Contempt in Family Law
Florida family courts use two types of contempt. Understanding the difference matters because the procedure and consequences are distinct:
| Type | Purpose | Consequence |
|---|---|---|
| Civil Contempt | Compel compliance — coercive, not punitive | Incarceration or fines until the party complies; “keys to the jail are in their pocket” |
| Criminal Contempt | Punish past willful violation | Fixed jail sentence or fine as punishment for the violation itself |
In most family law cases in Hillsborough County, civil contempt is used — the goal is to get the party to comply, not simply punish them. However, repeated or egregious violations can lead to criminal contempt proceedings.
The Contempt Process in Hillsborough County
Filing a motion for contempt of court in Hillsborough County family court follows a defined process:
- Motion for Contempt filed — The complaining party files a sworn motion detailing the specific violations and the order that was violated
- Order to Show Cause — The court issues an order requiring the alleged contemnor to appear and explain why they should not be held in contempt
- Service on the violating party — The order to show cause must be personally served
- Contempt hearing — Both parties appear before the judge. The complaining party presents evidence; the other party can explain their non-compliance
- Court ruling — The judge determines whether contempt occurred and what remedy or sanction applies
Remedies Available in Florida Contempt Proceedings
When the court finds a party in contempt of court, the available remedies in Hillsborough County family proceedings include:
- Incarceration — Up to 5 days for civil contempt; longer for criminal contempt. Typically suspended if compliance occurs.
- Purge amount — A specific dollar amount the party must pay to be released from or avoid jail
- Attorney’s fees and costs — The court can order the violating party to pay the other party’s legal fees for bringing the motion
- Make-up parenting time — When parenting time was denied, the court can order additional time to compensate
- Modification of the underlying order — Repeated contempt can be grounds for changing the original parenting plan or support order
- Wage garnishment or asset seizure — For financial violations, the court can direct immediate collection
Defending Against a Contempt Motion
Being served with a contempt of court motion does not mean you will be found in contempt. Valid defenses include:
- Inability to comply — A genuine financial inability to pay support — not unwillingness — is a defense to civil contempt. The inability must be real, documented, and involuntary.
- Ambiguity in the order — If the order is unclear about what was required, contempt cannot be established
- Compliance occurred — Evidence that you did comply, or that the other party is misrepresenting non-compliance
- Procedural defects — The motion was improperly served or the process was not followed correctly
If you have received a contempt motion, do not ignore it. Failing to appear at a contempt hearing in Hillsborough County family court can result in a default finding and an arrest warrant.
Frequently Asked Questions
| Question | Answer |
|---|---|
| How quickly can I get a contempt hearing scheduled? | Hillsborough County family court typically schedules contempt hearings within 30–60 days of filing. Emergency motions can be heard faster. |
| Can I go to jail for not paying child support? | Yes. Willful non-payment of child support is one of the most common grounds for civil contempt incarceration in Florida. |
| What if my ex denies my parenting time? | File a motion for contempt immediately. Document every denied exchange — dates, times, attempts, communications. Courts take parenting time violations seriously. |
| Can contempt be filed if my ex is slightly late to exchanges? | Isolated minor lateness typically will not result in contempt. A documented pattern of significant violations is more likely to succeed. |
| Does contempt cost me money even if I win? | Filing fees apply. However, attorney’s fees can often be awarded against the violating party if you prevail. |
| What if the contempt involves a domestic violence injunction violation? | Injunction violations can be both civil contempt and a criminal offense. Call law enforcement and an attorney immediately. |
Local Resources for Contempt Proceedings in Hillsborough County
| Resource | Description |
|---|---|
| Thirteenth Judicial Circuit Court | Hillsborough County family court — contempt and enforcement procedures |
| Hillsborough County Clerk of Court | File contempt motions and access case records |
| Florida Department of Revenue | Child support enforcement — including contempt tools |
| Florida Bar — Divorce in Florida | Overview of Florida family law enforcement mechanisms |
Court Orders Mean Nothing Without Enforcement
A court order you cannot enforce is just paper. Mindi Lasley, P.A. files and litigates contempt of court motions in Tampa and throughout Hillsborough County — enforcing support obligations, parenting plan compliance, and all post-judgment orders with the urgency violations demand. Call us at 813-873-9047 or reach us at our contact page.
About Mindi Lasley, P.A.: Mindi Lasley, P.A. is a Tampa-based family law firm handling contempt proceedings, post-judgment enforcement, and all aspects of family law throughout Hillsborough County. The firm moves quickly when court orders are being ignored and provides effective defense when contempt allegations are contested.