Florida Contempt Response / Defense

RESPONSE TO MOTION FOR CONTEMPT / ORDER TO SHOW CAUSE

IN THE [CIRCUIT / COUNTY] COURT OF [________________] COUNTY, FLORIDA

Case No.: [________________]
Division: [________]

RESPONDENT'S RESPONSE TO MOTION FOR CONTEMPT

[________________________________________] ("Respondent"), through undersigned counsel, files this Response to the Motion for Contempt / Order to Show Cause filed by [________________________________________] ("Movant") on [__/__/____]:

I. PROCEDURAL BACKGROUND

1. The underlying order at issue was entered on [__/__/____].
2. The Motion for Contempt was filed on [__/__/____].
3. The Order to Show Cause was issued on [__/__/____].
4. The hearing is scheduled for [__/__/____] at [____:____].
5. The alleged violation: [________________________________________]
6. Proceeding identified in the motion or order: ☐ Civil contempt ☐ Indirect criminal contempt ☐ Other: [________________]

II. STATEMENT OF FACTS

[________________________________________]
[________________________________________]
[________________________________________]

III. IDENTIFY THE CONTEMPT TRACK AND APPLICABLE STANDARD

The response addresses the proceeding and relief identified in the motion or order to show cause.

Civil enforcement. For a judgment requiring performance of an act, Fla. R. Civ. P. 1.570(c) permits contempt as one enforcement option. In a family support matter, Fla. Fam. L.R.P. 12.615 governs civil contempt: the court determines whether there was a prior support order and a failure to pay, then addresses present ability to pay and willfulness. If the court imposes a coercive sanction, the rule requires a purge condition tied to present ability and a separate factual finding supporting that ability.

Indirect criminal contempt. Fla. R. Crim. P. 3.840 requires an order to show cause stating the essential facts and hearing details, with reasonable preparation time after service. The respondent may file a written motion or answer and is entitled to counsel and compulsory process. Address the charged conduct and the rule's procedure separately from any proposed civil purge.

IV. DEFENSES

A. Inability to Comply

☐ Respondent could not perform the act or make the payment alleged in the motion at the relevant time.

☐ If a family support purge is proposed, Respondent lacks present ability to satisfy the proposed purge condition.

[________________________________________]

In a family support matter, identify the evidence bearing on present ability to pay and any proposed purge under Fla. Fam. L.R.P. 12.615(c), (e).

B. Ambiguity of the Order

☐ The underlying order did not clearly direct the act alleged in the motion.

[________________________________________]

C. Lack of Willfulness

☐ The facts do not establish willful or intentional noncompliance; supporting facts:

[________________________________________]

D. Purge / Compliance

☐ Respondent has since complied with the order; dates and supporting records:
[________________________________________]

E. Due Process Deficiencies

☐ Inadequate notice of specific allegations
☐ Failure to follow Fla. R. Crim. P. 3.840 procedures (if criminal contempt)
☐ Denial of counsel in an indirect criminal contempt proceeding
☐ Other: [________________________________________]

F. Other Defenses

☐ Changed facts affecting ability to comply
☐ Circumstances preventing performance
☐ Other: [________________________________________]

V. PRAYER

WHEREFORE, Respondent respectfully requests:

(a) A finding of NOT in contempt;
(b) Dismissal of the Motion;
(c) Attorney's fees and costs only if separately supported, including compliance with the 21-day service requirement for a party-filed Fla. Stat. § 57.105 motion;
(d) Such other relief as the Court deems just.

Respectfully submitted,

Signature: ________________________________________
Printed Name: [________________________________________]
Florida Bar No.: [________________]
Address: [________________________________________]
Phone: [________________]
Email: [________________]

Attorney for Respondent

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy was served on [__/__/____] by [METHOD OF SERVICE] to:

Signature: ________________________________________
Date: [__/__/____]

This template is provided for informational purposes only. Contempt proceedings may result in incarceration. Consult a licensed Florida attorney immediately.