According to Florida law, a trial court may exercise its discretion when deciding on contempt charges. For example, it may refuse to hold a former husband in contempt for drinking in front of children – a violation of a dissolution decree – while holding the former wife in contempt for denying the former husband visitation:
Appellant, Ivelesse Peterson, is the former wife of appellee, Vincent De Luca. She has primary custody of the parties’ two minor children. In this appeal she challenges: 1) the trial court’s refusal to hold the former husband in contempt for drinking in front of the children in violation of the dissolution decree; 2) the trial court’s decision to hold her in contempt for denying the former husband visitation; 3) the trial court’s refusal to modify the dissolution decree to require alcohol and/or anger management counseling by the former husband as a condition of visitation; and 4) the trial court’s award of $1,500 in attorney’s fees to the former husband. We affirm, concluding that the trial court acted within its broad discretion in ruling on the contempt motions and in declining to modify the conditions of visitation. See Northstar Invs. & Dev., Inc. v. Pobaco, 691 So.2d 565, 566 (Fla. 5th DCA 1997) (stating that a judgment of contempt will not be overturned unless a clear showing is made that the trial court abused its discretion); Teta v. Teta, 297 So.2d 642, 646 (Fla. 1st DCA 1974) (stating that the trial court has broad discretion in its continuing jurisdiction over visitation orders).
See: Peterson v. DeLuca, 936 So. 2d 752
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