Criminal contemptRule 8.285
9 opinions cite Rule 8.285
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W.C. v. Smith 898 So. 2d 1137 · 1D05-0614 · 1st DCA 2005
· cited by 7 in all courts
Habeas granted releasing a dependent child jailed for indirect criminal contempt after running away, because required due process procedures were not followed.
…and that the child was entitled to release. The respondent asserted that indirect criminal contempt of court proceedings are governed by Florida Rule of Juvenile Procedure 8.285(b) and Florida Rule of Criminal Procedure 3.840(b). Review of the rules demonstrates that they are substantively identical save for minor stylistic differences.…
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S.T. v. State 629 So. 2d 316 · 1D93-1928 · 1st DCA 1993
…Accordingly, we reverse appellant's sentence. We conclude as well that the trial court erred in failing to follow the procedure required by Florida Rule of Juvenile Procedure 8.285(a) before adjudicating the child guilty of direct contempt. That rule provides: A contempt may be punished summarily if the court saw or heard the conduct…
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In the Interest of S.T. v. State 629 So. 2d 316 · DCA93-1928 · District Court of Appeal 1993
· cited by 3 in all courts
…Accordingly, we reverse appellant’s sentence. We conclude as well that the trial court erred in failing to follow the procedure required by Florida Rule of Juvenile Procedure 8.285(a) before adjudicating the child guilty of direct contempt. That rule provides: A contempt may be punished summarily if the court saw or heard the conduct…
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G.M. v. Department of Juvenile Justice 144 So. 3d 687 · 1D14-3262 · 1st DCA 2014
…two separate, but substantially identical, rules concerning the prosecution of indirect criminal contempt. Both rule 8.150(b) (delinquency proceedings) and rule 8.285(b) (dependency proceedings) provide that a juvenile accused of indirect criminal contempt must be provided with a show cause order, arraignment, representation…
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Department of Health & Rehabilitative Services v. Freeman 686 So. 2d 767 · DCA96-713 · District Court of Appeal 1997
…report seven days prior to the disposition hearing, the remaining problem is whether the circuit court acted properly in punishing HRS for its disobedience. Rule 8.285 of the Florida Rules of Juvenile Procedure outlines contempt procedures in juvenile court. Rules 3.830 and 3.840 of the Florida Rules of Criminal Procedure…
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Acevedo v. Department of Health & Rehabilitative Services 668 So. 2d 1124 · DCA96-686 · District Court of Appeal 1996
· cited by 1 in all courts
…proceeding where the record reflects that an order to show cause was never issued prior to the commencement of the contempt proceeding as required by Rule 8.285(b), Florida Rule of Juvenile Procedure. Pugliese v. Pugliese, 347 So.2d 422 (Fla.1977); May v. State, 623 So.2d 601 (Fla. 2d DCA 1993); Naylor v.…
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In re Amendments to the Florida Rules of Juvenile Procedure 115 So. 3d 286 · SC12-188 · Florida Supreme Court 2013
· cited by 2 in all courts
…(2012), and to list the types of orders over which a dependency order takes precedence, see section 39.013(4), Florida Statutes (2012). The title of rule 8.285 (Contempt) is amended to reflect that the rule addresses only criminal contempt proceedings, and new rule 8.286 (Civil Contempt) is adopted to govern civil…
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In re Amendments to Florida Rules of Juvenile Procedure, Florida Family Law Rules of Procedure, and Florida Supreme Court Approved Family Law Forms SC22-1 · Florida Supreme Court 2022
…Florida Rules of Juvenile Procedure 8.001 and 8.002General Practice and Judicial Administration 2.530. (4) [No Change] (e)–(h) [No Change] RULE 8.285. CRIMINAL CONTEMPT (a) Direct Contempt. A contempt may be punished summarily if the court saw or heard the conduct constituting the contempt…
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In re Amendments to the Florida Rules of Juvenile Procedure SC21-627 · Florida Supreme Court 2021
…the child in a shelter or out-of-home placement pending further proceedings. (3) [No Change] - 15 - RULE 8.285. CRIMINAL CONTEMPT (a) Direct Contempt. A contempt may be punished summarily if the court saw or heard the conduct constituting the contempt…
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(a) Direct Contempt. A contempt may be punished summarily if the court saw or heard the conduct constituting the contempt committed in the presence of the court. The judgment of guilt of contempt must include a recital of those facts upon which the adjudication of guilt is based. Prior to the adjudication of guilt the court must inform the person accused of the accusation and inquire as to whether there is any cause to show why he or she should not be adjudged guilty of contempt by the court and sentenced. The accused must be given the opportunity to present evidence of excusing or mitigating circumstances. The judgment must be signed by the court and entered of record. Sentence must be pronounced in open court.
(b) Indirect Contempt. An indirect contempt must be prosecuted in the following manner:
(1) Order to Show Cause. The court on its own motion or upon affidavit of any person having knowledge of the facts may issue and sign an order directed to the one accused of contempt, stating the essential facts constituting the contempt charged and requiring the accused to appear before the court to show cause why he or she should not be held in contempt of court. The order must specify the time and place of the hearing, with a reasonable time allowed for the preparation of a defense after service of the order on the one accused. It must be served in the same manner as a summons. Nothing herein shall be construed to prevent the one accused of contempt from waiving the service of process.
(2) Motions; Answer. The accused, personally or by counsel, may move to dismiss the order to show cause, move for a statement of particulars, or answer such order by way of explanation or defense. All motions and the answer must be in writing unless specified otherwise by the court. The accused’s omission to file a motion or answer shall not be deemed an admission of guilt of the contempt charged.
(3) Order of Arrest; Bail. The court may issue an order of arrest of the one accused of contempt if the court has reason to believe the accused will not appear in response to the order to show cause. The accused is entitled to bail in the manner provided by law in criminal cases.
(4) Arraignment; Hearing. The accused may be arraigned at the hearing, or prior thereto upon request. A hearing to determine the guilt or innocence of the accused must follow a plea of not guilty. The court may conduct a hearing without assistance of counsel or may be assisted by the state attorney or by an attorney appointed for the purpose. The accused is entitled to be represented by counsel, have compulsory process for the attendance of witnesses, and may testify in his or her own defense. All issues of law and fact must be determined by the court.
(5) Disqualification of the Judge. If the contempt charged involves disrespect to or criticism of a judge, the judge must be disqualified by the chief judge of the circuit.
(6) Verdict; Judgment. At the conclusion of the hearing the court must sign and enter of record a judgment of guilty or not guilty. There should be included in a judgment of guilty a recital of the facts constituting the contempt of which the accused has been found and adjudicated guilty.
(7) Sentence. Prior to the pronouncement of sentence the court must inform the accused of the accusation and judgment against him or her and inquire as to whether there is any cause to show why sentence should not be pronounced. The accused must be afforded the opportunity to present evidence of mitigating circumstances. The sentence must be pronounced in open court and in the presence of the one found guilty of contempt.
Amendments since the 1991 renumbering
From the Florida Bar edition's table of amending opinions. Where it lists a range of rules ("8.400–8.410"), each rule in the range today is listed.
- Eff. 2022-01-01 Amended · 345 So. 3d 255
- Eff. 2013-07-01 Amended · 115 So.3d 286
- Eff. 1991-07-01 Amended · 589 So.2d 818