The Florida Motion form is a legal document used to request the enforcement of a prior court order or final judgment in family law cases. When a party fails to comply with a court order, this form allows the other party to initiate a civil contempt proceeding. To get started, fill out the form by clicking the button below.
The Florida Motion form, specifically the Motion for Civil Contempt/Enforcement (Form 12.960), serves a critical function in family law proceedings. This form is primarily utilized when a party seeks to enforce a prior court order or final judgment that another party has failed to comply with. To initiate this process, the moving party must file the motion with the circuit court, clearly outlining the specific actions the other party has neglected. The form requires careful completion, including a signature before a notary public or deputy clerk. Following submission, the original must be filed with the court clerk, while a copy should be retained for personal records. As electronic filing becomes increasingly standard, it is essential to understand the requirements set forth by the Florida Rules of Judicial Administration. These rules mandate that most documents be filed electronically, although self-represented litigants have the option to file by traditional means. Additionally, serving the motion to the other party can be done through various methods, including personal service, mailing, or electronic mail. However, personal service is often recommended to ensure proper notice. Once the motion is filed, the court will schedule a hearing, where the moving party must demonstrate the other party's noncompliance. If successful, the court may impose various sanctions to compel compliance, ranging from monetary judgments to incarceration. Understanding the nuances of this form and the accompanying procedures is vital for anyone navigating the complexities of family law in Florida.
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 filing a Motion for Civil Contempt/Enforcement in Florida, specific steps must be followed to ensure that the form is completed accurately. This process involves gathering necessary information, filling out the form, and ensuring proper service of the motion. Once the form is filed, the court will schedule a hearing to address the matter.
This form is used when you need to ask the court to enforce a prior court order or final judgment. If another party is not complying with a court order, this is the appropriate form to initiate a civil contempt or enforcement proceeding.
After filling out the form, sign it in front of a notary public or deputy clerk. Then, file the original with the clerk of the circuit court in the county where your case was initiated. Remember to keep a copy for your records.
Most documents must now be filed electronically. While self-represented litigants can file electronically, they are not required to do so. If you choose to e-file, follow the procedures outlined in Florida Rule of Judicial Administration 2.525 and adhere to the local circuit's rules.
After the initial service of process, all documents must typically be served by electronic mail, unless specified otherwise. If you opt for electronic service, you must comply with the format requirements in Florida Rule of Judicial Administration 2.516. Designate your email address using the appropriate form, and ensure it is included on each document you file.
A copy of the motion must be personally served by a sheriff or private process server, or it can be mailed, emailed, or hand-delivered. However, if you choose to mail or email the notice, be aware that the court may not consider this adequate notice. For certainty, personal service is recommended.
During the hearing, you must prove that the other party has not complied with the court order. If you establish noncompliance, the other party can then demonstrate their inability to comply. If they cannot do so, the judge may find them in contempt and impose sanctions, which could include fines or even incarceration.
For additional guidance, review the General Information for Self-Represented Litigants at the beginning of the family law forms. You may also refer to section 61.14 of the Florida Statutes and rule 12.615 of the Florida Family Law Rules of Procedure.
If a nonlawyer assists you, they must provide a copy of the Disclosure from Nonlawyer form before helping you. Additionally, they must include their contact information on every form they assist you with. It’s crucial to ensure compliance with these requirements to avoid issues later on.
Neglecting to Follow Formatting Guidelines: The form must be typed or printed in black ink. Failure to adhere to this requirement can lead to delays or rejection.
Inadequate Explanation of Noncompliance: Clearly explain what the other party has failed to do. Vague statements may not sufficiently support the motion.
Incorrect Case Information: Ensure that the case number, division, and names of the parties are accurate. Errors in this information can complicate the process.
Failure to Sign Before a Notary: The form must be signed in the presence of a notary public or deputy clerk. Skipping this step renders the form invalid.
Improper Service of Process: The motion must be served personally, mailed, or emailed to the other party. Not adhering to these requirements can jeopardize the motion.
Missing Attachments: If the prior order or judgment is not from the court where the motion is filed, a copy must be attached. Omitting this can lead to complications.
Ignoring E-Filing Requirements: If choosing to file electronically, it is essential to comply with the specific rules for e-filing. Failure to do so may result in procedural errors.
Not Providing Adequate Notice: If the motion is mailed or emailed, ensure that the court considers it adequate notice. If in doubt, personal service is recommended.
Omitting the Certification of Service: The motion must include a certification that a copy was sent to the other party. This step is crucial for compliance with court procedures.
When dealing with family law matters in Florida, several forms and documents accompany the Florida Motion for Civil Contempt/Enforcement. Understanding these documents is essential for effectively navigating the legal process. Below are four key forms that are often used alongside the motion.
By familiarizing yourself with these forms, you can better prepare for the legal proceedings surrounding your motion. Each document plays a vital role in ensuring that the process is transparent and that all parties have the opportunity to participate fully.
The Florida Motion for Civil Contempt/Enforcement is similar to the Motion for Modification of Child Support (Florida Supreme Court Approved Family Law Form 12.905). Both forms aim to address compliance with court orders, specifically regarding financial obligations. In the case of a modification, a party may seek to change the terms of child support due to a significant change in circumstances. Just like the contempt motion, this form requires the petitioner to demonstrate that the current order is no longer appropriate, thus necessitating a modification.
Another document that shares similarities is the Petition for Dissolution of Marriage (Florida Supreme Court Approved Family Law Form 12.901(b)). This form initiates the divorce process and outlines the terms that need to be resolved, including child custody, support, and property division. While the Motion for Civil Contempt focuses on enforcing existing orders, the dissolution petition establishes the legal framework for those orders. Both forms require specific information about the parties involved and the circumstances surrounding the request.
The Motion for Enforcement of Parenting Plan (Florida Supreme Court Approved Family Law Form 12.965) is also comparable. This document is used when one parent believes the other is not adhering to the terms of a parenting plan. Similar to the contempt motion, it seeks to enforce compliance with a court order. The process involves demonstrating that the other party has failed to follow the agreed-upon parenting schedule, thus requiring the court’s intervention to ensure adherence.
Additionally, the Notice of Hearing (Florida Supreme Court Approved Family Law Form 12.961) is relevant in this context. After filing a motion, a party must schedule a hearing to address the issues raised. This notice informs the other party of the hearing date and time, ensuring they have the opportunity to present their case. Both documents are essential steps in the legal process, facilitating communication and procedural fairness in court.
Lastly, the Motion for Temporary Relief (Florida Supreme Court Approved Family Law Form 12.947) is similar in that it seeks immediate court intervention for urgent matters. This motion can address issues like child support or custody while a case is pending. Like the Motion for Civil Contempt, it requires the petitioner to demonstrate the necessity for immediate action, highlighting the urgency of the situation to the court.
When filling out the Florida Motion form, it is essential to follow certain guidelines to ensure proper submission and compliance with court requirements. Below is a list of things you should and shouldn't do.
Adhering to these guidelines will facilitate a smoother process in your civil contempt/enforcement proceedings.
Misconceptions about the Florida Motion form can lead to confusion and errors in the legal process. Below are some common misconceptions, along with clarifications to help you understand the correct information.
Filling out and using the Florida Motion for Civil Contempt/Enforcement form can be a straightforward process if you keep a few key points in mind. Here are some essential takeaways:
By following these guidelines, you can navigate the process more effectively and increase your chances of achieving a favorable outcome.