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Overview

Navigating through family law proceedings in Florida can often seem complex and overwhelming, especially when it involves ensuring compliance with a court's orders. For those finding themselves in a situation where a prior court order or final judgment is not being adhered to by another party, the Florida Supreme Court Approved Family Law Form 12.960, Motion for Civil Contempt/Enforcement, becomes a critical tool. This form is designed to request the court's assistance in compelling compliance with existing orders. It outlines a structured approach for initiating a civil contempt/enforcement proceeding, including the completion and filing requirements, alongside emphasizing the importance of e-filing and e-service in line with the Florida Rules of Judicial Administration. Moreover, the form provides a framework for detailing the specifics of the non-compliance issue and proposing the relief sought. This could range from coercive measures, such as fines or jail time, to remedial actions like the enforcement of monetary judgments or adjustments to child custody arrangements. Given its significance, understanding each step and requirement set forth in the instructions of Form 12.960 is essential for individuals aiming to navigate their way through family law disputes effectively.

Example - Florida Motion Form

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.

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 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}: _____________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

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 ( ) 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

 

Printed Name: _________________________________

 

Address: ______________________________________

 

City, State, Zip: _________________________________

 

Telephone Number: _____________________________

 

Fax Number: ___________________________________

 

Designated E-mail Address(es): ____________________

 

_____________________________________________

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)

➤ Florida Motion PDF

File Specifications

Fact Name Description
Purpose of the Form This form is used to request the court to enforce a prior court order or final judgment due to non-compliance by another party.
Filing Requirements The motion must be completed, signed before a notary public or deputy clerk, and filed with the clerk of the circuit court in the county where the case was originally filed.
E-Filing and E-Service Under the Florida Rules of Judicial Administration, documents may be required to be filed electronically and served via email, following specific format requirements.
Service of Motion The motion must be personally served, mailed, emailed, or hand-delivered to the other party, with personal service recommended for ensuring notice is considered adequate by the court.
Governing Laws and Rules This form is governed by section 61.14, Florida Statutes, and rule 12.615, Florida Family Law Rules of Procedure, detailing procedures for civil contempt/enforcement proceedings.

Instructions on Filling in Florida Motion

Filling out the Motion for Civil Contempt/Enforcement form is a critical step in seeking enforcement of a prior court order in Florida. This document is used to address situations where one party has not complied with a court's order. Accuracy and attention to detail are essential when completing this form to ensure all relevant facts and requests are clearly communicated to the court. Below, find a straightforward guide to assist in filling out the form correctly.

  1. Start by typing or printing the form in black ink to ensure clarity and legibility.
  2. At the top of the form, fill in the circuit court information (“IN THE CIRCUIT COURT OF THE _____ JUDICIAL CIRCUIT, IN AND FOR ___________ COUNTY, FLORIDA”), including the case number and division, which can be found on the original order or final judgment documents.
  3. List the names of the petitioner and respondent as they appear on the original court documents.
  4. Indicate whether you are the petitioner or the respondent by checking the appropriate box.
  5. Provide detailed information regarding the final judgment or order that has not been complied with, including “title of final judgment or order,” the date it was entered, and the court that issued it. Attach a copy of the judgment or order if it is from a court other than the one where you are filing this motion.
  6. Describe specifically what the other party was ordered to do or not do under the order or judgment that has not been complied with. Include enough detail to make clear what the non-compliance entails.
  7. Explain how the other party has willfully failed to comply with the order, providing as much detail and context as necessary to support your case for contempt/enforcement.
  8. Detail the specific relief you are requesting from the court. This can include enforcing the original order, awarding monetary judgment, costs, and fees, or other remedies like garnishment or incarceration. Specify each type of relief with a checkmark where applicable, and provide explanations as required.
  9. Certify that you have delivered a copy of the document to the other party (or their attorney) by mailing, faxing, e-mailing, or hand-delivering it on a specified date, and provide their contact information.
  10. Sign and date the form in front of a notary public or deputy clerk, who will then complete the remainder of the form certifying your signature. Include your address, telephone number, fax number, and e-mail address(es).

Once completed, file the original motion with the clerk of the circuit court in the county where the case was originally filed and keep a copy for your records. Ensure adherence to all local rules regarding e-filing and e-service if choosing to file the documents electronically. The steps to schedule a hearing and serve notice of that hearing to the other party will follow, as outlined in the form’s instructions and local court procedures.

Understanding Florida Motion

When should I use the Florida Supreme Court Approved Family Law Form 12.960?

This form is used to request the court to enforce a prior court order or final judgment when a party is not complying. It is specifically designed for cases involving civil contempt/enforcement issues.

How do I file a Motion for Civil Contempt/Enforcement?

First, complete the form by typing or printing in black ink. Sign the form before a notary public or deputy clerk. Then, file the original motion with the clerk of the circuit court in the county where the case was filed. It is also necessary to keep a copy for your records.

Is e-filing allowed for this form?

Yes, e-filing is permitted under the Florida Rules of Judicial Administration. If you e-file, make sure to follow the specific procedures outlined for the judicial circuit where you file.

What about serving documents to the other party?

After the initial service of process, documents that need to be served on the other party must be served via electronic mail except under certain circumstances. If you opt for electronic service, you must comply with the format requirements established by the Florida Rules of Judicial Administration.

What can I do if the other party refuses to comply with a court order?

If the other party is not complying with a court order, you can file this motion to ask the court for help. The court may set a hearing to give the other party a chance to explain. If they cannot show a valid reason for their non-compliance, the court may find them in contempt and take measures to ensure compliance.

What happens at the hearing?

At the hearing, you must prove that the other party has not obeyed a prior court order. If the court finds the other party in contempt, it may impose sanctions, including jail time, fines, or other penalties to compel compliance with the order.

How can I make sure the other party gets proper notice of the hearing?

The notice of hearing must be personally served, mailed, emailed, or hand-delivered to the other party. However, to ensure the court considers it adequate notice, personal service is recommended.

What relief can I seek with this motion?

You can request a variety of relief, including enforcement of the original order, monetary judgments, writs for property possession, requirements for the other party to find employment, awarding of attorneys’ fees, and more.The specific relief granted will depend on the court's findings.

Where can I find more information before proceeding?

Before moving forward, it is advised to read the General Information for Self-Represented Litigants provided at the beginning of the family law forms. Additional statutes and procedural rules relevant to your specific situation can offer further guidance.

Common mistakes

Filling out legal forms, especially for court proceedings, requires attention to detail and an understanding of the requirements. The Florida Motion for Civil Contempt/Enforcement form is no different. Here are ten common mistakes people make when filling out this form:

  1. Not using black ink or typing the form can lead to a rejection of the document because the court requires clarity and uniformity in submissions.

  2. Failing to sign the document before a notary public or deputy clerk. This oversight can question the authenticity of the document, delaying proceedings.

  3. Incorrectly filing the original with the clerk of the circuit court. Each county may have specific procedures or additional requirements, and failing to adhere to these can result in procedural delays.

  4. Choosing not to keep a copy for personal records. Maintaining a complete set of documents related to your case is crucial for reference and future proceedings.

  5. Overlooking the e-filing requirements set forth by the Florida Rules of Judicial Administration 2.525 can result in a failure to properly submit documents electronically, when applicable.

  6. Incorrectly assuming that e-service is automatic or not opting in correctly according to Florida Rule of Judicial Administration 2.516 can lead to service issues and delays in the case.

  7. Omitting the designation of current mailing and e-mail address on forms requiring a signature undermines the ability of the court and other parties to communicate effectively.

  8. Neglecting to serve the other party personally when the court might not consider mail or e-mail as adequate notice can invalidate the notice and delay proceedings.

  9. Underestimating the importance of accurately describing the non-compliance of the other party in detail can weaken your motion for civil contempt/enforcement.

  10. Forgetting to properly complete and serve the Notice of Hearing on Motion for Contempt/Enforcement, thus not officially informing the other party of the hearing, jeopardizes the legal process.

Common misunderstandings and errors in completing the form not only slow down the legal process but can also have serious implications on the outcome of a case. Careful reading of instructions, attention to detail, and, if necessary, seeking legal advice are steps that can minimize these mistakes.

Documents used along the form

When filing a Florida Motion for Civil Contempt/Enforcement, several other forms and documents may be necessary to support the motion or are typically used in conjunction with it. Understanding these documents ensures proper adherence to legal procedures and facilitates a smoother litigation process.

  • Summons: Personal Service on an Individual (Florida Family Law Rules of Procedure Form 12.910(a)): This form is used to notify the other party that legal action is being taken against them. It must be served personally, ensuring they are aware of the motion for civil contempt/enforcement and can respond appropriately.
  • Designation of Current Mailing and E-mail Address (Florida Supreme Court Approved Family Law Form 12.915): This form is critical for ensuring that all correspondence related to the case is sent to the correct addresses. Both parties must update their contact information through this form to facilitate effective communication and service.
  • Notice of Hearing on Motion for Contempt/Enforcement (Florida Supreme Court Approved Family Law Form 12.961): This document sets a date and time for a hearing on the motion, notifying all parties involved. It is essential for scheduling the judicial review of the motion and the allegations of noncompliance.
  • Certificate of Service (General) (Florida Supreme Court Approved Family Law Form 12.914): After any document, including the motion itself or related notices, is filed with the court and served to the other party, this form is used to certify that the service was completed. It verifies the method of service, such as mail, e-mail, or personal delivery.
  • Disclosure from Nonlawyer (Florida Family Law Rules of Procedure Form 12.900(a)): If a nonlawyer assists in filling out any of these forms, this disclosure must be provided to the person being helped. It outlines the nonlawyer's role and ensures that the person filling out the form understands that the assistance does not constitute legal advice.

Together, these forms and documents form a framework that supports the filing and processing of a Motion for Civil Contempt/Enforcement in Florida. Completing and properly serving these forms is fundamental to advancing your case through the legal system, ensuring that all parties are adequately informed and that the case proceeds in compliance with Florida's Family Law Rules of Procedure.

Similar forms

  • The Summons: Personal Service on an Individual (Florida Family Law Rules of Procedure Form 12.910(a)) shares the requirement for personal service with the Motion for Civil Contempt/Enforcement. Both documents emphasize the necessity of ensuring the other party receives the documents either by hand delivery, mail, or email to properly inform them of the legal proceedings.

  • The Notice of Hearing on Motion for Contempt/Enforcement (Florida Supreme Court Approved Family Law Form 12.961) is similar because it complements the motion form by scheduling a hearing for the court to review the allegations of noncompliance with court orders, mirroring the motion's goal to address such issues.

  • The Designation of Current Mailing and E-mail Address (Florida Supreme Court Approved Family Law Form 12.915) is similar in its administrative function, requiring parties to update their contact information, which is crucial for effective communication and service in the contempt/enforcement process.

  • Certificate of Service (General) (Florida Supreme Court Approved Family Law Form 12.914) resembles the Florida Motion form in its procedural aspect, as both documents have sections certifying that copies have been served to the relevant parties, ensuring all parties are informed and the process is followed correctly.

  • The Disclosure from Nonlawyer (Florida Family Law Rules of Procedure Form 12.900(a)) relates to the Motion for Civil Contempt/Enforcement in its provision for transparency and ethical standards when nonlawyers assist in preparing legal documents, safeguarding the self-represented litigant's rights and understanding.

  • The process of e-filing, as outlined in the Florida Rule of Judicial Administration 2.525, parallels the Motion for Civil Contempt/Enforcement's instructions for electronic submission, reflecting the judicial system's move towards more digital and accessible filing methods.

  • The Florida Rule of Judicial Administration 2.516 regarding electronic service is analogous to the motion form’s instructions on e-service, where both mandate adherence to specific formats and procedures for serving documents electronically, ensuring efficient and standardized legal communication.

Dos and Don'ts

When filling out the Florida Supreme Court Approved Family Law Form 12.960, Motion for Civil Contempt/Enforcement, it is essential to adhere to a set of guidelines to ensure the process is completed accurately and effectively. Here are four key things you should do, followed by four things you shouldn't do.

Things you should do:
  1. Type or print in black ink: Ensure that the form is legible and filled out using black ink. This helps maintain the document’s clarity and professionalism.
  2. File electronically if possible: Given the requirement for electronic filing (e-filing) under the Florida Rules of Judicial Administration, when possible, submit your documents electronically following the prescribed protocol for the judicial circuit where you file.
  3. Include all required information and attachments: Clearly explain the non-compliance of the other party with the court order and attach any necessary additional pages or documents that support your motion.
  4. Make and keep copies: After filing the original motion with the clerk of the circuit court, retain a copy for your records. This copy will serve as proof of filing and can be referenced later if needed.
Things you shouldn't do:
  • Don't leave sections blank: Make sure to fill out every required field in the form to prevent delays or rejection of your motion. Unanswered questions can lead to unnecessary complications.
  • Avoid using colors other than black for text: Stick to black ink whether you are printing or typing the form to ensure consistency and readability.
  • Don’t forget to sign before a notary public or deputy clerk: Your signature must be verified to lend authenticity to the document. Unsigned forms will not be processed.
  • Don't file without serving the other party: Proper service is crucial. Ensure that the other party receives a copy of the motion through personal service, mail, email, or hand delivery, as required by law, to enable them to respond appropriately.

Misconceptions

There are several misconceptions about the Florida Supreme Court Approved Family Law Form 12.960, Motion for Civil Contempt/Enforcement. It’s essential to understand these misconceptions, as they can affect the outcomes of legal proceedings. Below are six common misunderstandings:

  • Misconception 1: You can only file a Motion for Civil Contempt/Enforcement if the other party has failed to pay financial obligations.

    In reality, this form can be used for enforcing any prior court order or final judgment, not just those related to monetary issues. This includes orders related to parenting time, property division, or any other aspect of a court’s decree.

  • Misconception 2: Filing this motion guarantees immediate results or penalties against the non-compliant party.

    While filing the motion is the first step to seek enforcement of a court order, the process requires a hearing, and the judge’s decision will depend on the evidence presented. The alleged non-compliant party will also have an opportunity to explain their side.

  • Misconception 3: E-filing is mandatory for everyone when submitting this form.

    The instructions clarify that while e-filing is encouraged under the Florida Rules of Judicial Administration, self-represented litigants are not required to file electronically and can opt to file their documents in person at the courthouse.

  • Misconception 4: Physical service of the motion on the other party is always required.

    While personal service is often the most foolproof method of ensuring the other party is aware of the motion, in certain circumstances, other methods such as mailing, emailing, or hand delivery might be acceptable. However, it is crucial to ensure adequate notice, and when in doubt, personal service is advised to avoid potential disputes about proper notice.

  • Misconception 5: Only attorneys can file a Motion for Civil Contempt/Enforcement.

    Self-represented individuals, also known as pro se litigants, can file the motion. Nevertheless, given the technicalities involved in proving a case for contempt or enforcement, consulting with a lawyer is recommended to navigate the process effectively and to ensure that the motion is properly presented.

  • Misconception 6: If the motion is granted, the court will automatically resolve the issue in favor of the filer.

    Even if the court finds in favor of the person who filed the motion, the judge has discretion in determining the appropriate remedy. Remedies can range from financial penalties to requiring specific actions be taken. The ultimate goal is to ensure compliance with the court’s original order, rather than to punish non-compliance.

Understanding these misconceptions is crucial for individuals considering using the Motion for Civil Contempt/Enforcement to ensure they approach their situation with accurate expectations and preparedness.

Key takeaways

When it comes to filing the Florida Supreme Court Approved Family Law Form 12.960, Motion for Civil Contempt/Enforcement, there are key points you should be aware of to ensure it is filled out and used correctly. Here are five takeaways:

  • The form is used to request that the court enforce a prior court order or final judgment due to noncompliance by the other party involved in the case.
  • Before submitting the form, it should be typed or printed in black ink and then signed in the presence of a notary public or deputy clerk. The original is to be filed with the clerk of the circuit court in the county where the case was initially filed, and you should retain a copy for your records.
  • With the advancement of technology, the Florida Rules of Judicial Administration require electronic filing (e-filing) of all petitions, pleadings, and documents, although self-represented litigants are not mandated to do so. If you choose to file electronically, you must adhere to the specific rules and procedures outlined in Florida Rule of Judicial Administration 2.525.
  • All documents that need to be served after the initial service of the petition can be electronically served unless stipulated otherwise. If electing electronic service, it's crucial to strictly follow the format requirements detailed in the Rules of Judicial Administration and properly designate your email addresses using the prescribed forms.
  • Upon filing the motion, a hearing will be scheduled, and you, as the moving party, bear the burden of proving the other party's noncompliance with the court order. If the court finds the defendant in contempt, it may impose sanctions to enforce compliance, including jail time, fines, or other penalties as deemed appropriate by law.

Remember, if you have any doubts or questions about this process, it is advisable to consult with a legal professional. The technicalities and nuances of family law procedures can be complex, and a lawyer can provide guidance tailored to your specific situation.

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