If the Court determines that a violation occur, then the Respondent / Defendant will be arraigned. At that time, the Court will consider the sworn testimony of the Petitioner or other witness, to determine if a violation of the Court’s Order is established. The Order to Show Cause will direct the Respondent to appear in court on a certain day at a certain time and in a certain place. The order shall specify the time and place of the hearing, with a reasonable time allowed for preparation of the defense after service of the order on the defendant. The judge, on the judge’s own motion or on affidavit of any person having knowledge of the facts, may issue and sign an order directed to the defendant, stating the essential facts constituting the criminal contempt charged and requiring the defendant to appear before the court to show cause why the defendant should not be held in contempt of court. Rule 3.840, Florida Rules of Criminal Procedure, provides, in part: Rule 3.840 for Indirect Criminal Contempt In other cases, the prosecutor might decide to deter any action to the Court that issued the civil protective order for further action. The Court that issued the civil protective order may decide to issue a Order to Show Cause. In certain cases, a prosecutor with that State Attorney’s Office might decide to file criminal charges for the violation of the injunction.
In most cases, the “no contact” provision is part of the bond or pre-trial release conditions in a criminal case or a condition of probation.Ī “no contact” provision can also be entered in a temporary or final civil order of protection against domestic violence, repeat violence, dating violence or stalking violence.Īfter the order is entered, if the Petitioner alleges that the Respondent violated the court order, then the Petitioner will often complete an affidavit of Violation of Injunction. Violation of the “No Contact” Provision in an InjunctionĪ “no contact” protective order can be issued on a temporary or final basis. The best defense is hiring an attorney to file a motion to dismiss the order to show cause, a motion for statement of particulars to clarify or narrow the allegations, an answer, and any mitigation to explain the conduct and why no punishment should be imposed. The failure to strictly follow the requirements of the rule is often considered fundamental error that requires reversal even if no objection is made during the hearing. Rule 3.840 spells out all of the procedural and due process requirements for the contempt proceedings including the requirements for the allegations in the charging document, the answer or motions, an order of arrest, the right to bail, the arraignment and the sentencing hearing. Petersburg or Clearwater in Pinellas County, or Brooksville in Hernando County, FL, then contact an attorney at the Sammis Law Firm. If you received an order to show cause for a hearing at the courthouse in Tampa or Plant City in Hillsborough County, St. Our attorneys are experienced in representing clients charged with indirect criminal contempt under Rule 3.840, Florida Rules of Criminal Procedure.
Order to Show Cause for Indirect Criminal Contempt
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