Legal Question in Civil Litigation in Florida
Contempt on a Dismiss Final Judgment
A respondent entered a motion to dismiss final judgment of injunction for protection against dating violence. The judge ordered and adjudged thereby vacated and set aside with a stipulation neither party shall have any contact on permanent basis.'' Many months later, there was two-way email communication between the parties, and later petitioner writes letter to judge informing that respondent contact petitioner and made allegations; resulting that the judge issues a motion for a hearing on respondent being contempt of a Dismissal Final Judgment?
Question:
Was it dismissed (void) or is it a forever living enforceable order?
Why can a party later become indirect contempt, held for disobedience and be punished on a vacated order?
Was there ambiguity in the ordered and adjudged vacated order?
1 Answer from Attorneys
Re: Contempt on a Dismiss Final Judgment
That is a weird order. The injunction order was vacated so it is not operative, but the order also says that was done with a stipulation that "neither party shall have any contact on a permanent basis." So there is a stipulation of no contact. He breached the stipulation. Since a stipulation is not a court order (but just a promise) he shouldn't be held in contempt because the court order was vacated (vanished). The order does reference a stipulation and that was violated. The order is ambiguous -- at least to me. Sounds like the injunction will go back in place at this hearing.
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