D.L., A MINOR CHILD BY AND THROUGH HER ATTORNEY AD LITEM, ANDREA REID, ESQUIRE OF THE LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., APPELLANT,
v.
THE PARENTS OF D.L., APPELLEES
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A minor child found in civil contempt for running away cannot be sanctioned with house arrest lacking a purge provision, as such sanction is criminal and requires criminal due process protections.
A sanction of house arrest for a definite period without a purge provision constitutes criminal contempt rather than civil contempt and requires criminal due process protections.
[1] A sanction of house arrest imposed for a definite period without a purge provision constitutes criminal contempt requiring criminal due process protections under Florida…
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Join FLexlaw to unlock all legal intelligence“the sanction of house arrest is criminal as opposed to civil because the sanction is for a definite period of time and there is no purge provision”
Court's analysis distinguishing criminal from civil contempt based on the nature and structure of the sanction imposed
D.L., a minor, was found in civil contempt for refusing to comply with court orders not to run away from her parents' home. The trial court ordered ho…
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At issue in this petition for writ of cer-tiorari is an order finding D.L. in civil contempt for her refusal to comply with court orders that she not run away from her parents’ home. We treat the petition as a non-final appeal seeking review of the civil contempt order. Tschapek v. Frailing, 699 So.2d 851, 852 (Fla. 4th DCA 1997).
*462The trial court ordered that the Sheriff of Palm Beach County place D.L. under house arrest for thirty days, with various conditions. D.L.’s failure to comply with the order would result in the court’s issuance of a “pick up” order and her placement in the Palm Beach County Jail pending a hearing. We find that the sanction of house arrest is criminal as opposed to civil because the sanction is for a definite period of time and there is no purge provision. See Parisi v. Broward County, 769 So.2d 359, 364-65 (Fla.2000). We reverse and remand for the trial court to afford D.L. the constitutional due process protections afforded to criminal defendants under Florida Rule of Criminal Procedure 3.840, which governs indirect criminal contempt. Id. 1
Reversed and remanded.
FARMER, CIKLIN and GERBER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Parisi v. Broward Cnty., 769 So. 2d 359 (Fla. 2000)
- Tschapek v. Frailing, 699 So. 2d 851 (Fla. 4th DCA 1997)