What Is Contempt of Court?
When a judge issues a legally binding order—such as a consent judgment, a temporary injunction, or a final eviction order—parties are legally obligated to obey it. If a party willfully refuses to comply, the opposing side can file a motion asking the judge to hold the disobedient party in contempt of court.
In civil litigation, contempt is primarily a tool to force compliance rather than just a punishment. The goal is to coerce the disobedient party into doing what they were originally ordered to do.
Contempt in Real Estate Litigation
Contempt of court frequently arises in contentious Florida real estate disputes:
- Evictions & Writs of Possession — If a judge signs a final eviction order and a Writ of Possession is executed by the sheriff, the tenant is physically locked out. If the tenant breaks the lock, sneaks back in, and refuses to leave, the landlord can file for contempt, which often results in the tenant's immediate arrest.
- HOA Injunctions — If a homeowner builds an illegal shed, the homeowners' association can sue for an injunction ordering the homeowner to tear it down. If the homeowner ignores the judge's order and leaves the shed up, the judge can hold them in contempt and fine them $100 per day until the shed is removed.
- Partition Sales — In a forced sale between co-owners, if one owner refuses to sign the closing documents as ordered by the judge, they can be held in contempt and jailed until they agree to sign the deed.
Civil vs. Criminal Contempt
Most real estate cases involve civil contempt, where the penalty (like a daily fine or temporary jail time) is lifted the exact moment the person complies with the court order. Criminal contempt is used solely to punish someone for disrespecting the court (like swearing at the judge) and carries a fixed jail sentence or fine that cannot be avoided by apologizing later.
Related Terms
- Consent Judgment — A court-ordered settlement enforced via contempt
- Eviction — Can result in contempt if the tenant illegally re-enters the property
- Damages — Often awarded alongside contempt fines to reimburse attorney's fees
Barnes Walker Litigation Enforcement
Barnes Walker's trial attorneys aggressively pursue contempt of court sanctions against opposing parties who defy settlement agreements or final judgments, ensuring that our clients' hard-won legal victories are strictly enforced. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC