Certain conduct by a litigate, witness or lawyer can result in filing of an order to show cause as to why the contemnor should not be fined, jailed or placed on probation for up to six months. If the judge contemplates that incarceration is going to be for a period longer than six months then the contemnor is entitled to a jury trial on the order to show cause.

The judge can bring the order to show cause for violation of a court’s own order or upon the sworn allegations of a party, lawyer or state attorney. Even the legislature provides that parents whose children do not attend school consistently can be held in contempt. Thus, citizens who fail to act in a manner required by the statute of this state can be held in contempt. Lets look at just such a statutet F. S. 984.151.984.151 Truancy Petition

1) If the school determines that a student subject to compulsory school attendance has had at least five unexcused absences, or absences for which the reasons are unknown, within a calendar month or 10 unexcused absences, or absences for which the reasons are unknown, within a 90-calendar-day period pursuant to s. 1003.26(1)(b), or has had more than 15 unexcused absences in a 90-calendar-day period, the superintendent of schools or his or her designee may file a truancy petition.

(2) The petition shall be filed in the circuit in which the student is enrolled in school.

(3) Original jurisdiction to hear a truancy petition shall be in the circuit court; however, the circuit court may use a general or special master pursuant to Supreme Court rules. Upon the filing of the petition, the clerk shall issue a summons to the parent, guardian, or legal custodian of the student, directing that person and the student to appear for a hearing at a time and place specified.

(4) The petition must contain the following: the name, age, and address of the student; the name and address of the student’s parent or guardian; the school where the student is enrolled; the efforts the school has made to get the student to attend school; the number of out-of-school contacts between the school system and student’s parent or guardian; and the number of days and dates of days the student has missed school. The petition shall be sworn to by the superintendent or his or her designee.

(5) Once the petition is filed, the court shall hear the petition within 30 days.

a recommendation to file a child-in-need-of-services petition under s. 984.15.

(9) The parent, guardian, or legal custodian and the student shall participate, as required by court order, in any sanctions or services required by the court under this section, and the court shall enforce such participation through its contempt power.

Once the parent is served the petition the court can find a parent in direct or indirect criminal contempt for failing to comply with lawful orders of the court regarding issues involving the child’s failure to attend school.

If a parent is served an order to show cause the parent is entitled to the same constitutional rights as an accused is when charged with a crime. Accordingly, the evidence presented must establishthe violation “beyond and to the exclusion of any reasonable doubt”. Some judges will fail to recognize that in certain cases involving direct or indirect contempt that this is criminal in nature and not civil. Thus, depending on the nature of the contempt charge, the same burden of proof as in civil contempt cases.