Article Guide
The Florida Motion for Civil Contempt/Enforcement, officially known as Form 12.960, serves a crucial role in family law proceedings. This form allows individuals to request the court's intervention when a party fails to comply with a prior court order or final judgment. It is essential for those seeking enforcement of such orders to understand the proper procedures involved. Completing the form requires clear explanations of what the other party has failed to do, along with the specifics of the original court order. Once filled out, the motion must be signed in front of a notary public or deputy clerk and filed with the clerk of the circuit court. The rules also emphasize the importance of personal service of the motion to ensure that the other party is adequately notified. Additionally, the form outlines various relief options that a petitioner can request, such as monetary judgments or enforcement of compliance. With the increasing use of electronic filing and service, understanding the nuances of these requirements is vital for self-represented litigants. This article will explore the intricacies of the form, the steps involved in filing it, and the potential outcomes of a civil contempt proceeding.
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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.960,
MOTION FOR CIVIL CONTEMPT/ENFORCEMENT (11/15)
When should this form be used?
You may use this form to ask the court to enforce a prior court order or final judgment.
What should I do next?
To initiate a civil contempt/enforcement proceeding against a party who is not complying with a prior court order, you must file a motion with the court explaining what the party has failed to do. This form should be typed or printed in black ink. After completing this form, you should sign it before a notary public or deputy clerk. You should then file the original with the clerk of the circuit court in the county where your case was filed and keep a copy for your records.
IMPORTANT INFORMATION REGARDING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances.
The rules and procedures should be carefully read andfollowed.
IMPORTANT INFORMATION REGARDING
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail
To serve and receive documents by
Instructions for Florida Supreme Court Approved Family Law Form 12.960, Motion for Civil Contempt/Enforcement (11/15)
A copy of this form must be personally served by a sheriff or private process server or mailed,* e- mailed*, or hand delivered to any other party(ies) in your case. *Please note that if notice is mailed or
The court will then set a hearing. You should check with the clerk of court, judicial assistant, or family law intake staff for information on the local procedure for scheduling a hearing. Once you know the time and date of the hearing, you will need to complete Notice of Hearing on Motion for Contempt/Enforcement, Florida Supreme Court Approved Family Law Form 12.961, or, if applicable, Notice of Hearing (Child Support Enforcement Hearing Officer), Florida Supreme Court Approved Family Law Form 12.921, or [Notice of Hearing Before] General Magistrate, Florida Family Law Rules of Procedure Form 12.920[(c)], which will specify a time and place for a hearing on the issue. A copy of this form must be mailed,
At the hearing, as in any other civil proceeding, you, as the moving party, will have the burden of proving the other party has not obeyed a prior court order. Once noncompliance is established, the other party will have an opportunity to show an inability to comply with the prior court order. If he or she is unable
to do so, the judge may find the other party to be in contempt. If so, the judge may order appropriate sanctions to compel compliance by the other party, including jail, payment of attorneys’ fees, suit
money, or costs, and coercive or compensatory fines, and may order any other relief permitted by law.
Where can I look for more information?
Before proceeding, you should read General Information for
Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.
Instructions for Florida Supreme Court Approved Family Law Form 12.960, Motion for Civil Contempt/Enforcement (11/15)
IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,
IN AND FOR __________________________ COUNTY, FLORIDA
Case No: _________________________
Division: _________________________
____________________________________,
Petitioner, and
____________________________________,
Respondent.
MOTION FOR CIVIL CONTEMPT/ENFORCEMENT
_____ Petitioner _____ Respondent requests that the Court enter an order of civil
contempt/enforcement against _____ Petitioner _____ Respondent in this case because:
1.A final judgment or order {title of final judgment or order} _______________________
in this case was entered on {date} _______________, by {court, city, and state} ______________
______________________________________________________________________________
_____ Please indicate here if the judgment or order is not from this Court and attach a copy.
2.This order of the Court required the other party in this case to do or not do thefollowing: {Explain what the other party was ordered to do or not do.} ______________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_____ Please indicate here if additional pages are attached.
3.The other party in this case has willfully failed to comply with this order of the Court: {Explain what the other party has or has not done.} ___________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_____ Please indicate here if additional pages are attached.
4.I respectfully request that the Court issue an order holding the
a. _____ enforcing or compelling compliance with the prior order or judgment;
Florida Supreme Court Approved Family Law Form 12.960, Motion for Civil Contempt/Enforcement (11/15)
b._____ awarding a monetary judgment;
c._____ if a monetary judgment was included in the prior order, issuing a writ of execution or garnishment or other appropriate process;
d._____ awarding prejudgment interest;
e._____ requiring the other party to pay costs and fees in connection with this motion;
f._____ if the other party is found to be in civil contempt, ordering a compensatory fine;
g._____ if the other party is found to be in civil contempt, ordering a coercive fine;
h._____ if the other party is found to be in civil contempt, ordering incarceration of the other party with a purge;
i._____ issuing a writ of possession for real property, writ for possession of personal property, or other appropriate writ;
j._____ issuing a writ of bodily attachment if the other party fails to appear at the hearing set on this motion;
k._____ requiring the other party to make payments through the central governmental depository;
l._____ requiring the support payments to be automatically deducted from the other party’s income or funds;
m._____ requiring the other party to seek employment;
n._____ awarding
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
__________________________________________________________________________; and
o._____ awarding other relief {explain}: _____________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Florida Supreme Court Approved Family Law Form 12.960, Motion for Civil Contempt/Enforcement (11/15)
I certify that a copy of this document was ( ) mailed ( ) faxed and mailed ( )
Other party or his/her attorney:
Printed Name: _________________________________
Address: ______________________________________
City, State, Zip: _________________________________
Telephone Number: _____________________________
Fax Number: ___________________________________
Designated
_____________________________________________
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this motion and that the punishment for knowingly making a false statement includes fines and/or imprisonment.
Dated: ______________________ |
____________________________________________ |
|
Signature of Party or his/her attorney |
|
Printed Name: _________________________________ |
|
Address: ______________________________________ |
|
City, State, Zip: _________________________________ |
|
Telephone Number: _____________________________ |
|
Fax Number: ___________________________________ |
|
Designated |
|
_____________________________________________ |
STATE OF FLORIDA |
|
COUNTY OF ____________________ |
|
Sworn to or affirmed and signed before me on ____________ by _______________________________.
_____________________________________________
NOTARY PUBLIC or DEPUTY CLERK
|
_____________________________________________ |
|
[Print, type, or stamp commissioned name of notary or |
|
deputy clerk.] |
____ |
Personally known |
____ |
Produced identification |
|
Type of identification produced ________________________________ |
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of:
{name of individual} ____________________________________________________________________,
{name of business} _____________________________________________________________________,
{address} _____________________________________________________________________________,
{city} _________________,{state} _____, {zip code} _________ {telephone number} _________________.
Florida Supreme Court Approved Family Law Form 12.960, Motion for Civil Contempt/Enforcement (11/15)
Form Specifications
| Fact Name | Description |
|---|---|
| Purpose | This form is used to request the court to enforce a prior court order or final judgment when a party is not complying. |
| Filing Requirements | The completed motion must be filed with the circuit court clerk in the county where the case was initiated. It should be typed or printed in black ink and signed in front of a notary public or deputy clerk. |
| E-Filing Mandate | Under Florida Rules of Judicial Administration, most documents must be filed electronically, though self-represented litigants are not required to do so. |
| Service of Documents | After initial service, all subsequent documents must be served electronically unless otherwise specified. Personal service is recommended for adequate notice. |
| Burden of Proof | During the hearing, the moving party must prove that the other party has failed to comply with the court order. If proven, the court may impose sanctions. |
Florida Motion: Usage Guidelines
Filling out the Florida Motion form requires careful attention to detail to ensure that all necessary information is accurately provided. Once the form is completed, it must be signed and filed with the appropriate court. Following these steps will help facilitate the process of initiating a civil contempt/enforcement proceeding.
- Begin by typing or printing the form in black ink.
- In the header section, fill in the name of the judicial circuit and the county where your case is filed.
- Enter the case number and division, if applicable.
- Identify the parties involved by indicating whether you are the Petitioner or Respondent.
- In the first section, specify the title of the final judgment or order and the date it was entered, along with the court's location.
- If applicable, indicate if the judgment or order is from a different court and attach a copy.
- In the second section, explain what the other party was ordered to do or not do according to the court's order.
- In the third section, describe how the other party has willfully failed to comply with the court's order.
- In the fourth section, request the specific relief you are seeking from the court, checking all applicable options.
- Provide your certification of service, indicating how you delivered a copy of the document to the other party.
- Sign the form and print your name, address, and contact information.
- Have the form notarized or signed before a deputy clerk.
- If a nonlawyer assisted you, ensure they fill in the required information at the bottom of the form.
After completing these steps, file the original motion with the clerk of the circuit court in your county. Keep a copy for your records. If you choose to file electronically, make sure to follow the local procedures and rules regarding e-filing. The next steps will involve scheduling a hearing and notifying the other party, which can be done through additional forms as outlined in the instructions.
Your Questions, Answered
1. When should I use the Florida Motion form?
This form is used to ask the court to enforce a prior court order or final judgment. If another party is not complying with an existing court order, you can file this motion to initiate a civil contempt or enforcement proceeding.
2. How do I file the Motion for Civil Contempt/Enforcement?
To file this motion, you need to complete the form, ensuring that it is typed or printed in black ink. After signing the form in front of a notary public or deputy clerk, you will file the original with the clerk of the circuit court in your county. Remember to keep a copy for your records.
3. What is the process for e-filing the motion?
Most petitions and documents must be filed electronically under the Florida Rules of Judicial Administration. While self-represented litigants can choose to e-file, it is not mandatory. If you opt for e-filing, make sure to comply with Rule 2.525 and the specific procedures of your judicial circuit.
4. How should I serve the motion to the other party?
The motion must be personally served by a sheriff or private process server, or it can be mailed, e-mailed, or hand-delivered to the other party. However, if you choose to mail or e-mail the motion, the court may not consider this adequate notice in some cases. To ensure proper notice, personal service is recommended.
5. What happens after I file the motion?
Once the motion is filed, the court will schedule a hearing. It is essential to check with the clerk of court or family law intake staff for local procedures regarding scheduling. You will also need to complete a Notice of Hearing form and serve it to the other party, following the same service methods as the motion.
6. What should I expect at the hearing?
At the hearing, you will need to demonstrate that the other party has not complied with the court order. If you can establish noncompliance, the other party will have a chance to explain their inability to comply. If they cannot provide a valid reason, the judge may find them in contempt and impose sanctions, which could include fines or even jail time.
7. Where can I find additional information?
For more information, you should review the General Information for Self-Represented Litigants at the beginning of the forms. Additionally, you can refer to section 61.14 of the Florida Statutes and rule 12.615 of the Florida Family Law Rules of Procedure for further guidance.
Common mistakes
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Incomplete Information: Failing to provide all required details can lead to delays. Every section of the motion form must be filled out completely. Omitting information, such as the case number or the specific order being enforced, can result in rejection by the court.
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Incorrect Formatting: The form must be typed or printed in black ink. Submitting the form in a different format, such as using colored ink or handwritten notes, may cause the court to refuse the document.
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Not Signing Before a Notary: It's crucial to sign the form in front of a notary public or deputy clerk. If the signature is missing or not properly notarized, the motion will be considered invalid.
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Improper Service of Documents: After filing, the motion must be served correctly to the other party. Using methods other than personal service, such as only mailing or emailing, may not meet the court's requirements for adequate notice.
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Ignoring E-Filing Rules: Many courts now require electronic filing of documents. Not adhering to these rules, such as failing to use the correct e-filing procedures, can lead to complications in your case.
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Neglecting to Attach Necessary Documents: If the order being enforced is from a different court, a copy must be attached. Forgetting this step can result in the motion being dismissed or delayed.
Documents used along the form
When filing a Motion for Civil Contempt/Enforcement in Florida, several other forms and documents may be necessary to support your case or comply with court procedures. Understanding these forms can help streamline the process and ensure that you meet all legal requirements.
- Notice of Hearing on Motion for Contempt/Enforcement (Form 12.961): This document informs all parties involved of the date, time, and location of the hearing regarding the motion for contempt or enforcement. It must be served to the other party to ensure they are aware of the proceedings.
- Notice of Hearing (Child Support Enforcement Hearing Officer) (Form 12.921): If the case involves child support, this notice is required to inform parties of a hearing before a child support enforcement officer. It outlines the details of the hearing, ensuring all parties are adequately notified.
- Notice of Hearing Before General Magistrate (Form 12.920(c)): This form is used to notify parties of a hearing scheduled before a general magistrate. It includes important details about the hearing and must be served to the other party.
- Certificate of Service (Form 12.914): This document certifies that all required parties have been served with the motion and any accompanying documents. It is essential for confirming that the court is aware of all parties involved.
- Designation of Current Mailing and E-mail Address (Form 12.915): This form allows parties to designate their current mailing and email addresses for service of documents. It is crucial for ensuring that all communications are received in a timely manner.
- Affidavit of Service: This affidavit serves as proof that the motion and other documents were properly served to the other party. It may include details such as the method of service and the date it occurred.
- Financial Affidavit: If the motion involves financial matters, a financial affidavit may be required. This document provides a detailed account of a party's financial situation, including income, expenses, assets, and liabilities.
- Motion for Temporary Relief: In some cases, a motion for temporary relief may be necessary. This document requests immediate assistance from the court, such as temporary custody or support, while the main motion is pending.
- Response to Motion for Civil Contempt/Enforcement: The other party may file a response to contest the motion. This document outlines their position and any defenses they may have against the claims made in the motion.
- Order of Civil Contempt: If the court finds the other party in contempt, this order outlines the judge's decision and any sanctions imposed. It serves as the official record of the court's ruling.
Being familiar with these forms and their purposes can greatly assist in navigating the legal process surrounding a Motion for Civil Contempt/Enforcement in Florida. Always ensure that you follow the specific rules and guidelines applicable to your situation and consider seeking legal advice if needed.
Similar forms
The Florida Motion for Civil Contempt/Enforcement form is similar to several other legal documents used in family law proceedings. Each of these forms serves a specific purpose, but they all share common elements, such as the need to request a court action or enforce a prior order. Here’s a breakdown of seven documents that are similar to the Florida Motion form:
- Notice of Hearing on Motion for Contempt/Enforcement (Form 12.961): This document is used to notify the other party about the scheduled hearing regarding the motion for contempt. Like the Motion form, it requires specific details about the hearing date and time.
- Notice of Hearing (Child Support Enforcement Hearing Officer) (Form 12.921): This form is similar in that it is used to inform parties about a hearing related to child support issues, ensuring that all parties are aware of the proceedings.
- Notice of Hearing Before General Magistrate (Form 12.920(c)): This document serves to inform the involved parties of a hearing before a general magistrate, much like the Motion form does for contempt hearings.
- Petition for Modification of Child Support (Form 12.905): This form is used to request changes to existing child support orders. It shares the purpose of enforcing compliance with court orders, similar to the Motion for Contempt.
- Motion for Temporary Relief (Form 12.947): This document requests temporary orders while a case is pending. It is similar in its aim to provide immediate relief or enforcement of rights before a final decision is made.
- Motion for Enforcement of Parenting Plan (Form 12.970): This form is specifically used to enforce provisions of a parenting plan. Like the Motion for Contempt, it addresses compliance with court orders related to family law.
- Affidavit of Compliance (Form 12.900(b)): This document is often submitted to demonstrate compliance with a court order. It parallels the Motion for Contempt by providing evidence of either compliance or non-compliance with existing orders.
Understanding these documents can help you navigate the legal process more effectively. Each form plays a crucial role in ensuring that court orders are upheld and that parties comply with their legal obligations.
Dos and Don'ts
When filling out the Florida Motion form, there are important steps to follow to ensure that your submission is complete and compliant. Here’s a list of things you should and shouldn’t do:
- Do type or print the form in black ink to ensure clarity.
- Do sign the form in front of a notary public or deputy clerk.
- Do file the original form with the clerk of the circuit court where your case was filed.
- Do keep a copy of the completed form for your records.
- Don’t forget to check the local rules for filing and serving documents, as they can vary by jurisdiction.
- Don’t rely solely on mailing or emailing for service of documents, as it may not be considered adequate notice by the court.
- Don’t leave out any required information, such as the case number or details about the prior court order.
- Don’t hesitate to seek legal advice if you have questions about the process or your rights.
Misconceptions
- Misconception 1: The form can be used for any type of legal issue.
- Misconception 2: You can file the motion without notifying the other party.
- Misconception 3: E-filing is mandatory for everyone.
- Misconception 4: You do not need to prove noncompliance at the hearing.
- Misconception 5: You can skip the notarization of the form.
- Misconception 6: The court automatically grants the motion if filed.
- Misconception 7: You can ignore the specific formatting requirements.
This form is specifically designed for enforcing prior court orders or final judgments in family law cases. It is not applicable for other legal matters.
All parties involved must be notified of the motion. This can be done through personal service, mailing, or e-mail, but personal service is often the safest method to ensure proper notice.
While the Florida Rules encourage electronic filing, self-represented litigants are not required to file electronically. They have the option to file in person if they prefer.
The moving party must demonstrate that the other party has failed to comply with the court order. This burden of proof is crucial for the court to consider the motion.
The motion must be signed before a notary public or deputy clerk. This step is essential for the form to be considered valid by the court.
Filing the motion does not guarantee a favorable outcome. The court will review the evidence and arguments presented before making a decision.
It is important to follow the formatting guidelines set forth in the Florida Rules of Judicial Administration. Failure to do so may result in delays or rejection of the motion.
Key takeaways
When using the Florida Motion form for civil contempt/enforcement, it is essential to understand several key points to ensure proper completion and submission.
- Purpose of the Form: This form is specifically designed to request the court to enforce a prior court order or final judgment.
- Filing Requirements: To initiate proceedings, you must file the motion with the court, detailing what the other party has failed to do.
- Signature Requirement: After completing the form, it must be signed before a notary public or deputy clerk.
- Electronic Filing: The Florida Rules of Judicial Administration mandate electronic filing for most documents, though self-represented litigants are not required to do so.
- Service of Documents: A copy of the motion must be served on the other party through personal service, mail, or email, with personal service being the most reliable method.
- Scheduling a Hearing: After filing, check with the clerk of court or family law intake staff to understand the local procedures for scheduling a hearing.
- Burden of Proof: At the hearing, the moving party must prove that the other party has not complied with the court order.
- Possible Outcomes: If contempt is established, the judge may impose sanctions, which can include fines, attorney fees, or even incarceration.
Understanding these points can significantly impact the effectiveness of your motion and the subsequent court proceedings.