Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
There is little doubt that emotions are intertwined in Florida family law cases. Parties to these cases often feel frustrated and scared in the face of changes that are occurring regarding the most personal aspects of their lives. As a result, outbursts can occur, and somethings those happen during court proceedings. Such was the case in Manzaro v. D’Alessandro, 4D18-2178 (Fla. 4th DCA October 23, 2019).
During a child custody hearing, the father was accused of making outbursts and interruptions which prompted the judge to have him held in criminal contempt. By the time of the appeal, the father had already served his criminal contempt sentence. However, the appellate court considered the issue of whether or not he was properly held in contempt.
In order to hold a party in criminal contempt, procedural rules require “Prior to the adjudication of guilt the judge shall inform the defendant of the accusation against the defendant and inquire as to whether the defendant has any cause to show why he or she should not be adjudged guilty of contempt by the court and sentenced therefor. The defendant shall be given the opportunity to present evidence of excusing or mitigating circumstances. The judgment shall be signed by the judge and entered of record. Sentence shall be pronounced in open court.” Fla. R. Crim. P. 3.830.
Because the record in this case showed the trial judge did not inquire as to whether or not the father had any cause for why he should not be held in contempt, and because the father was not permitted with the opportunity to present any mitigating circumstances, the appellate court reversed the order of criminal contempt. However, the court urged “Based on the foregoing, we request the Florida Bar’s Criminal Rules Committee examine whether to recommend to the Florida Supreme Court that rule 3.830 be amended to clarify that a person may be temporarily detained until safety can be ensured, then promptly returned to the courtroom to provide the person with procedural due process.”
It remains to be seen if amendments will be made to this rule. In the meantime, to safeguard your procedural rights, consult with a Miami family law attorney every step of the way in your case.