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Order Of Indirect Criminal Contempt Vacated In Divorce Case

December 15, 2015 by  
Filed under Uncategorized



In Korn v. Korn, a divorce proceeding, the court had ordered appellant to have no direct or indirect contact with his wife, the appellee. The wife moved for contempt, saying that appellant violated this order. The circuit court had entered an order to show cause for indirect criminal contempt “finding” that appellant has “threatened to kill and mutilate his Wife.” 

The Fourth District Court of Appeals for the State of Florida vacated an order of indirect criminal contempt because two and a half days between the entry of the order to show cause and a hearing on it was not a reasonable amount of time to prepare a defense and because the trial judge violated the appellant’s right against self incrimination by construing his silence at the contempt hearing as an admission of guilt. 




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