Contempt of Court in Florida
After Tyrese Gibson allegedly failed to obey a court order to fork over more than $70,000 in back child support, the judge found him to be in willful contempt of court. It was Gibson’s third such hearing, and this time the judge ordered Gibson’s detainment until the payment was made. Contempt of court is not an uncommon charge and is one that can occur in various circumstances depending on the courtroom and the situation.
What is Criminal Contempt of Court
When an individual disobeys a court order, the result could be contempt charges. It is a criminal matter when criminal penalties are associated with the charges, such as time behind bars or fines. There are many actions that could result in these charges, including creating a disturbance in the courtroom and/or insulting a judge in some way.
Indirect Contempt
Indirect contempt charges, also known as constructive contempt of court, are leveled due to behaviors outside of the courtroom, as in Gibson’s case. He’d been ordered to make payments, and allegedly did not comply. Other examples of indirect contempt include:
- Being absent from a hearing;
- Refusing to hand in subpoenaed evidence;
- Inappropriately making an effort to communicate with a member of the jury;
- Trying to bribe a court worker or juror;
- Breaking probation rules;
- Failing to adhere to directives a protective order.
Direct Contempt
While indirect contempt of court is related to activity outside the courtroom itself, direct contempt is up close and personal, and involves behaviors that irritate and/or disrespect the judge. Observers, witnesses, jurors, and even attorneys could be charged with direct contempt of court. Actions that could result in such charges include:
- Declining to rise as the judge arrives in court;
- Disputing the judge or yelling in the courtroom;
- Engaging in intimidating behaviors including glaring, making threatening gestures, and making verbal threats;
- Lying under oath;
- Coming to court while inebriated;
- Using profanity to the degree that it disrupts the proceedings.
Penalties in the Sunshine State
Disrespect of the court is a serious affront to the judge in question and could lead to fines of up to $500 and up to a year in jail, on top of attorney’s fees and other expenses in some cases. If necessary, the judge may order property liens, wage garnishment, or other judgments for arrearages. In situations where the court requires a particular action, like, say, testifying or providing evidence that has thus far been denied, the offender could be jailed until they agree to comply with the court order.
Avoid these Charges
While people sometimes get charged with contempt as a matter of principle—such as when reporters refuse to reveal their source—more often than not the charges are a result of temper flares, ignorance, laziness, or outright impertinence. There is no good outcome for individuals who let a belligerent attitude cloud their judgment in court. If you are dealing with criminal contempt of court, the experienced and dedicated criminal defense lawyers at Salazar & Kelly Law Group in Kissimmee can help. Schedule a confidential consultation today.
Source:
flcourts.gov/content/download/862636/file/Contempt
