The Florida Motion form, specifically the Motion for Civil Contempt/Enforcement, is designed to request the court's assistance in enforcing a prior court order or final judgment. This form allows individuals to initiate proceedings against a party who has failed to comply with such orders. For those needing to fill out this form, please proceed by clicking the button below.
The Florida Motion for Civil Contempt/Enforcement, officially designated as Family Law Form 12.960, serves as a crucial tool for individuals seeking to uphold the authority of prior court orders or final judgments. This form is specifically designed for situations where one party has failed to comply with a court directive, allowing the aggrieved party to formally request the court's intervention. To initiate this process, the individual must file a motion that clearly outlines the specific obligations that have not been met, along with the details of the original court order. Proper completion of the form is essential; it must be typed or printed in black ink and signed in the presence of a notary public or deputy clerk. Afterward, the original document should be filed with the circuit court clerk in the relevant county, while retaining a copy for personal records. It is also important to note the recent shift towards electronic filing and service, as mandated by the Florida Rules of Judicial Administration. Parties may choose to file documents electronically, although this is not obligatory for self-represented litigants. If opting for electronic service, adherence to specific formatting and procedural guidelines is required. For those unfamiliar with the nuances of court procedures, consulting a legal professional is advisable to ensure compliance and proper execution of the motion. Ultimately, this form not only facilitates the enforcement of court orders but also underscores the legal system's commitment to upholding justice and accountability.
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 E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.
The rules and procedures should be carefully read andfollowed.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
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 (e-mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the procedures must always be followed once the initial election is made.
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
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 e-mailed, the court in certain circumstances may not consider mailing or e-mailing, to be adequate notice. If you want to be sure, you should have the motion personally served. This is a technical area of the law; if you have any questions about it, you should consult a lawyer. For more information on personal service, see the instructions for Summons: Personal Service on an Individual, Florida Family Law Rules of Procedure Form 12.910(a).
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, e-mailed, or hand delivered to the other party. Again, if notice is mailed, the court in certain circumstances may not consider mailing or e-mailing to be adequate notice. If you want to be sure, you should have the notice personally served. This is a technical area of the law; if you have any questions about it, you should consult a lawyer. For more information on personal service, see the instructions for Summons: Personal Service on an Individual, Florida Family Law Rules of Procedure Form 12.910(a).
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 Self-Represented Litigants found at the beginning of these forms. See also section 61.14, Florida Statutes and rule 12.615, Florida Family Law Rules of Procedure.
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.
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.} ___________________________________________
4.I respectfully request that the Court issue an order holding the above-named person in civil contempt, if appropriate, and/or providing the following relief:
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 make-up time-sharing with minor child(ren) as follows {explain}: _________
__________________________________________________________________________; and
o._____ awarding other relief {explain}: _____________________________________________
I certify that a copy of this document was ( ) mailed ( ) faxed and mailed ( ) e-mailed ( ) hand- delivered to the person(s) listed below on {date} _______________.
Other party or his/her attorney:
Printed Name: _________________________________
Address: ______________________________________
City, State, Zip: _________________________________
Telephone Number: _____________________________
Fax Number: ___________________________________
Designated E-mail Address(es): ____________________
_____________________________________________
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
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} _________________.
To proceed with the filing of the Florida Motion for Civil Contempt/Enforcement, it is essential to complete the form accurately. This involves providing specific details about the prior court order and the non-compliance of the other party. After filling out the form, it must be signed and filed with the appropriate court.
Once the motion is filed, the court will schedule a hearing. It is advisable to check with the clerk's office for local procedures regarding the hearing. A notice of the hearing must also be completed and served to the other party.
1. When should I use the Florida Motion for Civil Contempt/Enforcement form?
This form is used when you need the court to enforce a prior court order or final judgment. If the other party is not complying with what the court ordered, this motion can help you ask the court to take action.
2. How do I file this motion?
To file the motion, you must complete the form and sign it in front of a notary public or deputy clerk. Then, submit the original to the clerk of the circuit court in the county where your case was filed. Make sure to keep a copy for your records.
3. What is e-filing and how does it work?
Electronic filing, or e-filing, is now required for most court documents in Florida. While self-represented litigants can file electronically, they are not obligated to do so. If you choose to e-file, follow the specific procedures outlined in Florida Rule of Judicial Administration 2.525.
4. What is e-service and how do I use it?
E-service refers to serving documents electronically via email. After the initial service of process, all subsequent documents must be served this way, unless specific exceptions apply. If you decide to use e-service, you must comply with the formatting rules in Florida Rule of Judicial Administration 2.516.
5. How do I serve the motion to the other party?
You can serve the motion by personal delivery, mail, or email. However, personal service is the most reliable method to ensure the other party receives proper notice. If you choose to mail or email the motion, the court may not consider it adequate notice in some cases.
6. What happens after I file the motion?
Once you file the motion, the court will schedule a hearing. You should check with the clerk of court or family law intake staff for details on how to schedule this hearing. You will need to provide notice of the hearing to the other party as well.
7. What do I need to prove at the hearing?
At the hearing, you must demonstrate that the other party has not complied with the prior court order. If you can establish this, the other party will have the opportunity to show they could not comply. If they fail to do so, the judge may find them in contempt.
8. What penalties can the court impose for contempt?
If the court finds the other party in contempt, it can impose various sanctions. These may include jail time, payment of attorney's fees, fines, or other measures to compel compliance with the court's order.
9. Can I get help filling out the form?
If you need assistance with the form, a nonlawyer can help. However, they must provide you with a Disclosure from Nonlawyer form and include their contact information at the end of the motion.
10. Where can I find more information about this process?
You can read the General Information for Self-Represented Litigants included with the forms. Additionally, check Florida Statutes section 61.14 and rule 12.615 of the Florida Family Law Rules of Procedure for more guidance.
Filling out the Florida Motion for Civil Contempt/Enforcement form can be a straightforward process, but several common mistakes can hinder its effectiveness. Understanding these pitfalls can help ensure that your motion is properly submitted and considered by the court.
One frequent error is failing to provide complete and accurate information in the designated fields. Each section of the form must be filled out with precise details, including the case number, the names of the parties involved, and the specific court order in question. Omitting any of this critical information can lead to delays or even dismissal of the motion.
Another mistake is neglecting to explain clearly what the other party has failed to do. The form requires a detailed account of the noncompliance, and vague descriptions may not convey the seriousness of the situation. It is essential to be as specific as possible, outlining the exact actions or inactions that constitute the failure to comply with the court order.
Many individuals also overlook the requirement to sign the form before a notary public or deputy clerk. This step is crucial, as a lack of notarization can render the motion invalid. Make sure to schedule time to complete this step before filing the document with the court.
Another common oversight involves the method of serving the motion to the other party. The instructions emphasize that the motion must be personally served or sent via certified mail, email, or hand delivery. Failing to follow these guidelines may result in the court not considering the motion due to improper service.
Additionally, some people forget to include a copy of the prior court order or judgment that they are seeking to enforce. This document is necessary for the court to understand the context of the motion. Without it, the court may not have enough information to proceed.
It is also important to be aware of the electronic filing and service requirements. Many self-represented litigants are unsure whether they must file electronically or how to comply with the specific rules regarding electronic service. Ignoring these rules can lead to complications in the processing of the motion.
Moreover, failing to check local court procedures can be detrimental. Each jurisdiction may have its own rules regarding the scheduling of hearings or the submission of documents. Not being familiar with these local procedures can lead to unnecessary delays or rejections of your motion.
Lastly, individuals sometimes underestimate the importance of following up on their motion after it has been filed. It is essential to confirm that the court has received the motion and to stay informed about any upcoming hearings. Neglecting this step can result in missed opportunities to present your case.
By being mindful of these common mistakes, individuals can improve their chances of successfully navigating the process of filing a motion for civil contempt/enforcement in Florida. Attention to detail and adherence to procedural requirements are key to achieving a favorable outcome.
When navigating the legal landscape in Florida, particularly in family law matters, several forms and documents often accompany the Motion for Civil Contempt/Enforcement. Each of these documents serves a specific purpose, helping to streamline the process and ensure that all parties are adequately informed and represented. Understanding these forms can significantly enhance your ability to effectively engage with the court system.
In summary, understanding the various forms and documents associated with the Florida Motion for Civil Contempt/Enforcement is crucial for anyone involved in family law proceedings. Each document plays a distinct role in the legal process, ensuring that all parties are informed, and their rights are protected. Familiarity with these forms can help streamline your case and facilitate better communication with the court.
When filling out the Florida Motion form, there are several important dos and don’ts to keep in mind. Following these guidelines can help ensure your motion is processed smoothly.
By adhering to these guidelines, you can navigate the process more effectively and increase your chances of a favorable outcome.
Here are seven misconceptions about the Florida Motion form for civil contempt/enforcement:
The Florida Motion form is used to request the court to enforce a prior court order or final judgment.
Complete the form in black ink, and ensure it is signed before a notary public or deputy clerk.
Electronic filing is generally required, but self-represented litigants can choose to file documents electronically or by traditional means.
After filing, ensure proper service of the motion to the other party, as personal service is often the most reliable method.