JANET PAUL, APPELLANT,
v.
CHARLES M. JOHNSON, JR. AND MARILYN S. JOHNSON, APPELLEES
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Janet Paul was held in indirect criminal contempt for violating a supervised visitation order by encountering her daughters in public places outside the authorized visitation context. The appellate court reversed, finding the original order was not sufficiently specific to put Paul on notice that her conduct violated it and that the circumstantial evidence did not establish willful intent to violate.
The court reversed the contempt finding because the original order was not clear and specific enough to bar Paul from contacting or attempting to see her daughters outside of supervised visitation, and the circumstantial evidence was insufficient to establish willful intent to violate the order as required for an indirect criminal contempt conviction.
[1] A court order must be clear and precise to support a finding of contempt.
[2] A person's conduct must clearly violate a court order for contempt to be found.
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Join FLexlaw to unlock all legal intelligence“For a person to be held in contempt of a court order, the language of the order must be clear and precise, and the behavior of the person must clearly violate the order.”
Establishes the legal standard requiring both clarity of the order and clear violation of its terms for contempt liability.
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Join FLexlaw to unlock all legal intelligencePaul's two daughters were declared dependent and removed from her custody due to physical, emotional, and sexual abuse. They were placed with their ma…
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W. SHARP, Judge.
Paul appeals from an order of the Circuit Court (Juvenile Division) which held her in indirect criminal contempt of court for having willfully violated an earlier court order regarding supervised visitation. Paul was sentenced to five days in jail, but the sentence was suspended so long as she complies with a subsequent visitation order. Paul argues the initial order was not specific enough to put her on notice that her later conduct violated it. We agree and reverse.
In an earlier proceeding, the court declared Paul’s two daughters (ages eleven and thirteen, respectively) to be dependent, and removed them from Paul’s custody. They had been physically, emotionally, and sexually abused by Paul and her paramour, and the children were afraid of their mother. All concerned needed therapy.
Accordingly, the children were placed in the residence of their maternal grandparents. Paul and the children were to receive counseling and therapy. By court order, Paul was given supervised visitation with her children once a month at the office of an HRS counselor. The order provided:
The visitation shall continue as ordered until Mike Reed (the counselor) recommends change based on the mother’s progress in therapy.
However, the order did not prohibit Paul from contacting or trying to see her daughters at other times and places.
The finding of contempt was based on two sightings of the children by Paul outside the context of supervised visitation. On September 16, 1991, Paul visited a friend at her home in the neighborhood where the children were then living. As one of her children rode by on her bicycle on her way to school, Paul held up a sign saying “I love you,” and reached out in the child’s direction. The child was very frightened. Another time, Paul attended a school function with a friend and her children. Paul waved to her child across the room, but did not try to approach her. For a person to be held in contempt of a court order, the language of the order must be clear and precise,1 and the behavior of the person must clearly violate the order.2 Here, the order specified the time and place of supervised visitation, but it did not go further and bar Paul from telephoning, corresponding with, or seeking to catch glimpses of her children in public places.
Paul testified she did not think the order forbid her from trying to make such contacts with her children. Intent is an essential element of contempt, and absent an admission by the charged person, it must be established by circumstantial evidence. Thomson v. State, 398 So. 2d 514 (Fla. 2d DCA 1981). In this case, the circumstantial evidence is not “inconsistent with any reasonable hypothesis of innocence.” Thomson. It is quite plausible Paul had no willful intent to violate the court order. In addition to the order finding Paul in contempt, the judge entered a new order regarding visitation. It prohibits Paul from going within one-half mile of the children’s schools, or within one mile of their residence. Paul is also prohibited from approaching within one-quarter mile of any place the children are known to visit or go. She may not communicate with them directly or indirectly. She cannot present herself to them along any travel route or at any public gathering, or at any meeting, or area where the children are likely to be, under any circumstances. She has also been denied any contact with the children until further order of the court. This order has not been appealed, and it should handle the problems which have arisen in this case.
Accordingly, we reverse the order of contempt entered in this cause and remand for further proceedings.
REVERSED and REMANDED.
GOSHORN, C.J., and DIAMANTIS, J., concur. . Kranis v. Kranis, 313 So. 2d 135 (Fla. 3d DCA 1975).
. Crutchfield v. Crutchfield, 345 So. 2d 831 (Fla. 1st DCA 1977).
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Citator
Cited By (19 total)
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THE Florida BAR v. Forrester, 916 So. 2d 647 (Fla. 2005)…ingly.”). Additionally, absent an admission by the charged person, intent to violate a court order may be established by circumstantial evidence. See Northstar Invs. & Dev., Inc. v. Pobaco, Inc., 691 So. 2d 565 (Fla. 5th DCA 1997); Paul v. Johnson, 604 So. 2d 883 (Fla. 5th DCA 1992). Here, aside from Forrester’s denial, the remaining evidence in the record supports the referee’s finding that Forrester intentionally violated the suspension order by continuing to practice law while suspended. As her suspension…
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Northstar Invs. & Dev., Inc. v. Pobaco, Inc., 691 So. 2d 565 (Fla. 5th DCA 1997)…ctions because the building was placed on the site in a manner that failed to minimize the shopping center’s decreased visibility from the highway. An essential element of contempt is the intent to violate the relevant court order. Paul v. Johnson, 604 So. 2d 883 (Fla. 5th DCA 1992). Where an admission by the charged person is absent, such intent may be established by circumstantial evidence. Id. A judgment of contempt comes to the appellate court clothed in a presumption of correctness and will not be overt…
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Reder v. Miller, 102 So. 3d 742 (Fla. 2d DCA 2012)…ions did not violate the provisions of any of these orders. “For a person to be held in contempt of a court order, the language of the order must be clear and precise, and the behavior of the person must clearly violate the order.” Paul v. Johnson, 604 So. 2d 883, 884 (Fla. 5th DCA 1992) (footnote omitted); see also Osmo Tec SACV Co. v. Crane Envtl., Inc., 884 So. 2d 324, 326 (Fla. 2d DCA 2004) (holding that “a contempt sanction may not be imposed for the violation of an injunction unless the purportedly con…
Previewing 3 of 19 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rosalind Kranis v. Kranis, 313 So. 2d 135 (Fla. 3d DCA 1975)
- Thomson v. State, 398 So. 2d 514 (Fla. 2d DCA 1981)
- Island-In-The-Sun Condo. OF KEY W. v. Governor & Cabinet OF the State of Fla., 345 So. 2d 831 (Fla. 1st DCA 1977)
- Crutchfield v. Inman Payne Crutchfield, 345 So. 2d 831 (Fla. 1st DCA 1977)