Form 12.960 at a glance
What it is: Form 12.960 is the Motion for Civil Contempt/Enforcement. You may use this form to ask the court to enforce a prior court order or final judgment.[2]
Who signs: After completing this form, sign it before a notary public or deputy clerk.[2]
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.[2]
A filled-in Form 12.960 example: a petitioner asks the court to enforce a judgment
How to fill out Form 12.960, box by box
Circuit, county, Case No, Petitioner and Respondent
Enter the judicial circuit, the county, the Case No, the Division, the Petitioner and the Respondent.
Petitioner or Respondent requests an order of civil contempt/enforcement against
Mark Petitioner or Respondent as requesting that the Court enter an order of civil contempt/enforcement against Petitioner or Respondent in this case because: 1.
1. A final judgment or order
Enter the title of the final judgment or order, the date it was entered, and the court, city, and state. Mark the box if the judgment or order is not from this Court and attach a copy.[2]
2. This order of the Court required the other party
Explain what the other party was ordered to do or not do. Mark the box if additional pages are attached.[2]
3. The other party has willfully failed to comply
Explain what the other party has or has not done: the other party has willfully failed to comply with this order of the Court. If additional pages are attached, mark the box.[2]
4. Relief a
Request that the Court issue an order holding the named person in civil contempt, if appropriate, and/or providing relief. Mark the box before each relief that applies: a. enforcing or compelling compliance with the prior order or judgment.
4. Relief b through o
Mark the box before each relief that applies: 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, and explain; and o. awarding other relief, and explain.
I certify that a copy of this document was delivered
Mark mailed, faxed and mailed, e-mailed, or hand-delivered, and enter the date: a copy of this document was delivered to the person(s) listed on the date you enter.
Enter the other party or his/her attorney: Printed Name, Address, City, State, Zip, Telephone Number, Fax Number, Designated E-mail Address(es).
The oath, the date and your signature
You are swearing or affirming under oath to the truthfulness of the claims made in this motion and the punishment for knowingly making a false statement includes fines and/or imprisonment.
Enter the date, sign at Signature of Party or his/her attorney, and enter Printed Name, Address, City, State, Zip, Telephone Number, Fax Number, Designated E-mail Address(es).
The notary public or deputy clerk
The NOTARY PUBLIC or DEPUTY CLERK fills in STATE OF FLORIDA, COUNTY OF, Sworn to or affirmed and signed before me on the date by your name, and writes the signature at NOTARY PUBLIC or DEPUTY CLERK.
The notary or deputy clerk prints, types, or stamps the commissioned name, marks Personally known or Produced identification, and enters the Type of identification produced.
If a nonlawyer helped you fill out this form
If a nonlawyer helped you fill out this form, he/she must fill in all blanks: this form was prepared for the Petitioner or Respondent, completed with the assistance of the name of individual, name of business, address, city, state, zip code, telephone number.
More rules for Form 12.960
This form should be typed or printed in black ink.[2]
If your situation is different
Serving the motion and the notice of hearing
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.
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.[2]
Common questions about Form 12.960
What happens after you file a motion for contempt in Florida?
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.[2]
Where do I file it?
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.[2]
Sources
[1] Florida Supreme Court Approved Family Law Form 12.960 (11/15), Motion for Civil Contempt/Enforcement, Florida Courts (the Official source link on this page).