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A court order is not a suggestion. Whether someone is withholding timesharing, refusing to pay support, or ignoring a divorce decree, Florida courts have real authority to compel compliance - including fines, makeup time, attorney fee awards, and in serious cases, incarceration. But none of that happens automatically. Enforcement requires a properly filed motion, and that motion needs to be.

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Expertise.com Best DUI Lawyers in Spring Hill (2024)
National Top 100 Trial Lawyers
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Florida Association of Criminal Defense Lawyers
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What It Means to Violate a Court Order in Florida

Attorney Michael G. Butash, Butash Law Group

Florida courts take non-compliance seriously, but not every failure to follow an order is treated the same way. The type of contempt proceeding - and the consequences that follow - depends on the nature of the violation and whether the non-compliance was willful.

  • Civil contempt is the most common type in family law cases. It is coercive rather than punitive - the goal is to bring the non-complying party into compliance, not to punish them. A judge can order makeup timesharing, impose fines, or award attorney’s fees to the aggrieved party. Incarceration is possible in civil contempt but is used as a last resort when other measures have failed.
  • Criminal contempt is punitive and requires proof that the violation was intentional and deliberate. It carries stricter procedural protections because the consequences - including possible jail time - are punitive in nature. The standard of proof is higher, and willfulness is a required element the moving party must establish.
  • Indirect contempt involves violations that occur outside the courtroom - the most common scenario in family law. A parent who refuses to follow a parenting plan, a former spouse who stops paying alimony, or a party who transfers marital assets in violation of a court order can all be subject to indirect contempt proceedings.

Understanding which category applies to your situation determines what remedies are available and how the motion should be framed. That analysis is where the process starts.

Filing to Enforce a Court Order - What the Process Looks Like

What Do Our Clients Say?

Emely Rosas ★★★★★
I can’t thank my lawyer enough for the outstanding job they did handling my DUI case. From the very beginning, they were professional, knowledgeable, and honest about the entire process. They kept me informed every step of the way, answered all my questions, and made a stressful situation much easier to deal with. What impressed me most was their dedication and attention to detail. They truly fought for the best possible outcome and treated me with respect the entire time.Thanks to their hard work and experience, my case was resolved better than I expected, If you’re looking for an attorney who genuinely cares about their clients and knows how to get results, I highly recommend mike!
Emely Rosas
Amelia Cozzolino ★★★★★
Working with Mike and his team was a great experience. Mike is knowledgeable, professional, and truly cares about his clients. He took the time to explain everything clearly and made sure I felt confident throughout the entire process. I also want to give a special thank you to Stephanie, his paralegal, who was absolutely excellent. She was always responsive, organized, and went above and beyond to keep everything moving smoothly. Her communication made a stressful situation so much easier. I’m very grateful for everything they did for me and would highly recommend Mike and his team to anyone needing legal help.
Amelia Cozzolino
Tanya Rais ★★★★★
I cannot say enough good things about Mike Butash and his team. If I could give more than five stars, I absolutely would. They have truly been a lifeline for me during one of the most difficult and emotional periods of my life. Navigating a high-conflict divorce is overwhelming, but they were the steady voice of reason through it all. When things became complicated or stressful, they brought clarity, logic, and a clear path forward. Mike, Mimi, and the entire staff have supported me every step of the way. They fought for me, kept me informed, and always made sure I understood both the process and possible outcomes-good or bad. That level of honesty and transparency meant everything. Even during moments when I felt frustrated or emotional, they remained patient, professional, and genuinely supportive. Even though my journey isn’t completely over, I feel confident knowing I’m in the best hands. I recommend them to anyone who needs not just an attorney, but a team that truly stands by you.
Tanya Rais
Margarita Vazquez ★★★★★
I am incredibly grateful for the outstanding legal representation I received. My case lasted over a year, and throughout the entire process, Mr. Butash was professional, knowledgeable, and consistently responsive. He took the time to explain every step clearly, kept me informed, and always made me feel supported. His dedication and attention to detail truly made a difference, and I couldn’t be happier with the outcome. I highly recommend Butash Law Group to anyone looking for a reliable and trustworthy attorney. Thank you so much again Mike!
Margarita Vazquez

Why Choose Butash Law Group for Court Order Enforcement?

What to Expect When You Hire a Court Order Enforcement Lawyer

Step 1: Free Initial Consultation

Contact Butash Law Group at (813) 341-2232 to schedule a complimentary consultation where your dispute is reviewed and your legal options are explained. This no-obligation meeting helps establish whether your matter has merit and what strategy may best protect your interests.

Step 2: Case Evaluation & Strategy

Every court order enforcement matter is individually assessed based on its unique facts, applicable Florida law, and the client's goals. The firm identifies fee-recovery opportunities, evaluates litigation risk, and recommends the most advantageous pathmediation, negotiated settlement, or trial.

Step 3: Pre-Litigation Negotiation & Mediation

Where appropriate, Butash Law Group pursues pre-suit negotiation or formal mediation to resolve disputes efficiently and cost-effectively before court proceedings begin. A timely mediated resolution can preserve business relationships and significantly reduce overall litigation expense.

Step 4: Discovery & Evidence Building

If litigation proceeds, the firm actively manages all phases of discoveryincluding interrogatories, document requests, depositions, and subpoenasto build the strongest possible evidentiary record. Disputes over privilege, production scope, or non-party subpoenas are handled promptly to keep the case moving forward.

Step 5: Trial or Final Resolution

When settlement terms are inadequate or trial is in the client's best interest, Butash Law Group is fully prepared to argue the case before a judge or jury in Florida state or federal court. The firm pursues every available remedy to achieve the most favorable outcome possible for each client.

Serving Pasco, Hillsborough, Hernando & Pinellas Counties

Butash Law Group serves court order enforcement clients throughout Pasco, Hillsborough, Hernando and Pinellas counties, including Lutz, Wesley Chapel, Land O’ Lakes, Dade City and Tampa. Whether your dispute arises locally or involves parties across the region, the firm provides experienced, responsive representation close to home.

Explore Our Other Practice Areas

Butash Law Group represents Tampa Bay clients across a full range of legal matters.

Frequently Asked Questions

The aggrieved party can file a motion for contempt with the court that issued the order. If the judge finds the violation was willful, consequences can include civil fines, makeup timesharing, an award of attorney's fees to the filing party, and in cases of serious or repeated non-compliance, incarceration. None of these remedies happen automatically - they require a properly filed and argued motion.

Civil contempt is coercive - the purpose is to compel future compliance, not punish past behavior. Criminal contempt is punitive and requires proof of intentional, deliberate non-compliance. Most family law enforcement matters proceed as civil contempt. Criminal contempt carries stricter procedural protections and a higher burden of proof because the consequences are punitive in nature.

In most family law contexts, contempt is not charged as a felony. Civil contempt proceedings are not criminal matters at all. Criminal contempt in Florida is generally a misdemeanor-level offense unless it involves a specific statutory violation that carries a higher charge. That said, the consequences of a contempt finding - including potential incarceration - are serious, and the proceedings should be treated accordingly.

A parenting plan is a court order, and violations are enforceable through a motion for contempt filed in the 6th Judicial Circuit. Depending on the severity and frequency of the violations, available remedies include makeup timesharing, modification of the existing plan, civil fines, and attorney's fee awards. A consultation will help you determine whether the violations you've experienced are sufficient to support a motion and what outcome is realistic given the specific facts.

Willfulness is a required element for criminal contempt in Florida. If you can demonstrate that your failure to comply resulted from a genuine misunderstanding of the order's requirements - rather than deliberate non-compliance - that is a meaningful defense. Courts do distinguish between parties who refuse to comply and those who made a good-faith effort but fell short. Documenting your intent and the steps you took matters significantly in these proceedings.
About Mike Butash
MEET MIKE BUTASH

A Former Prosecutor Who Knows Both Sides

Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit in Pinellas and Pasco Counties, where he prosecuted everything from misdemeanors to the most serious felonies. Today he uses that insider experience to defend clients across Tampa Bay. With more than three decades of practice, lead counsel in over 40 jury trials, and thousands of cases handled, Mike brings the kind of courtroom judgment that only comes from years on both sides of the aisle.

40+ jury trials as lead counsel | 30+ years practicing | Thousands of cases

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