PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM
12.980(a),PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE (12/10)
When should this form be used? If you are a victim of any act of domestic violence or have reasonable cause to believe that you are in imminent danger of becoming a victim of domestic violence, you can use this form to ask the court for a protective order prohibiting domestic violence. Because you are making a request to the court, you are called the petitioner. The person whom you are asking the court to protect you from is called the Respondent. Domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to petitioner by any of petitioner’s family or household members. In determining whether you have reasonable cause to believe you are in imminent danger of becoming a victim of domestic violence, the court must consider all relevant factors alleged in the petition, including, but not limited to the following:
  1. The history between the petitioner and the Respondent, including threats, harassment, stalking, and physical abuse.
  2. Whether the Respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner.
  3. Whether the Respondent has threatened to conceal, kidnap, or harm the petitioner’s child or children.
  4. Whether the Respondent has intentionally injured or killed a family pet.
  5. Whether the Respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives.
  6. Whether the Respondent has physically restrained the petitioner from leaving the home or calling law enforcement.
  7. Whether the Respondent has a criminal history involving violence or the threat of violence.
  8. The existence of a verifiable order of protection issued previously or from another jurisdiction.
  9. Whether the Respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner.
  10. Whether the Respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence.

The domestic violence laws only apply to your situation if the Respondent is your spouse, former spouse, related to you by blood or marriage, living with you now or has lived with you in the past (if you are or were living as a family), or the other parent of your child(ren) whether or not you have ever been married or ever lived together. With the exception of persons who have a child in common, the family or household members must be currently residing together or have in the past resided together in the same single dwelling unit. If the Respondent is not one of the above, you should look at Petition for Injunction for Protection Against Repeat Violence, Florida Supreme Court Approved Family Law Form 12.980(f), to determine if your situation will qualify for an injunction for protection against repeat violence, or Petition for Injunction for Protection Against Dating Violence, Florida Supreme Court Approved Family Law Form 12.980(n), to determine if your situation will qualify for an injunction for protection against dating violence, or Petition for Injunction for Protection Against Sexual Violence, Florida Supreme Court Approved Family Law Form 12.980(q), to determine if your situation will qualify for an injunction for protection against sexual violence.

If you are under the age of eighteen and you have never been married or had the disabilities of nonage removed by a court, then one of your parents, custodians, or your legal guardian must sign this petition with you.

This form should be typed or printed in black ink. You should complete this form (giving as much detail as possible) and sign it in front of a notary public or the clerk of the circuit court in the county where you live. The clerk will take your completed petition to a judge. You should keep a copy for your records. If you have any questions or need assistance completing this form, the clerk or family law intake staff will help you.

What should I do if the judge grants my petition?

If the facts contained in your petition convince the judge that you are a victim of domestic violence or that an imminent danger of domestic violence exists, the judge will sign either an immediate Temporary Injunction for Protection Against Domestic Violence with Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.980(c)(1) or an immediate Temporary Injunction for Protection Against Domestic Violence without Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.980(c)(2). A temporary injunction is issued without notice to the Respondent. The clerk will give your petition, the temporary injunction, and any other papers filed with your petition to the sheriff or other law enforcement officer for personal service on the Respondent. The temporary injunction will take effect immediately after the Respondent is served with a copy of it. It lasts until a full hearing can be held or for a period of 15 days, whichever comes first. The court may extend the temporary injunction beyond 15 days for a good reason, which may include failure to obtain service on the Respondent.

The temporary injunction is issued ex parte. This means that the judge has considered only the information presented by one side-- YOU. The temporary injunction gives a date that you must appear in court for a hearing. At that hearing, you will be expected to testify about the facts in your petition. The Respondent will be given the opportunity to testify at this hearing, also. At the hearing, the judge will decide whether to issue either a Final Judgment of Injunction for Protection Against Domestic Violence with Minor Child(ren)(After Notice), Florida Supreme Court Approved Family Law Form 12.980(d)(1), or a Final Judgment of Injunction for Protection Against Domestic Violence without Minor Child(ren)(After Notice), Florida Supreme Court Approved Family Law Form 12.980(d)(2). Either of these final judgments will remain in effect for a specific time period or until modified or dissolved by the court. either you or the Respondent do not appear at the final hearing, the temporary injunction may be continued in force, extended, or dismissed, and/or additional orders may be granted, including entry of a permanent injunction and the imposition of court costs. You and Respondent will be bound by the terms of any injunction issued at the final hearing.

IF EITHER YOU OR RESPONDENT DOES NOT APPEAR AT THE FINAL HEARING, YOU WILL BOTH BE BOUND BY THE TERMS OF ANY INJUNCTION ISSUED IN THIS MATTER.

If the judge signs a temporary or final injunction, the clerk will provide you with the necessary copies. Make sure that you keep one certified copy of the injunction with you at all times!

What can I do if the judge denies my petition? If your petition is denied solely on the grounds that it appears to the court that no imminent danger of domestic violence exists, the court will set a full hearing, at the earliest possible time, on your petition, unless you request that no hearing be set. The Respondent will be notified by personal service of your petition and the hearing. If your petition is denied, you may: amend your petition by filing a Supplemental Affidavit in Support of Petition for Injunction for Protection Against Domestic Violence, Repeat or Dating Violence, Florida Family Law Form 12.980(g); attend the hearing and present facts that support your petition; and/or dismiss your petition. 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. The words that are in "bold underline" in these instructions are defined there. The clerk of the circuit court or family law intake staff will help you complete any necessary domestic violence forms and can give you information about local domestic violence victim assistance programs, shelters, and other related services. You may also call the Domestic Violence Hotline at 1-800-500-1119. For further information, see Chapter 741, Florida Statutes, and Rule 12.610, Florida Family Law Rules of Procedure. Special notes... With this form you may also need to file the following: Additionally, if you fear that disclosing your address to the Respondent would put you in danger, you should complete a Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h), and file it with the clerk of the circuit court and write confidential in the space provided on the petition.
Your full legal name:
Respondent's legal name:
(The Respondent is the person you want to be protected from)

PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE

I, , being sworn, certify that the following statements are true:
This section is about you, the petitioner. It must be filled out.

Your current address (if you fear that disclosing your address to the Respondent would put you in danger, you should complete and file Petitioner's Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h), and write "confidential" in the space provided on this form for your address and telephone number.):

Address:
City, State, Zip
Area Code and Phone:
My race is:     I am     My birthdate:
Your attorney's name: (If you don't have an attorney, type "none")

Your attorney's Phone: (Leave blank if you don't have an attorney)

Your attorney's Address: (Leave blank if you don't have an attorney)

Your attorney's City, State and Zip: (Leave blank if you don't have an attorney)


IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,
IN AND FOR  COUNTY, FLORIDA
,
,


,
Petitioner,

and

,
Respondent.




SECTION II. Respondent (This section is about the person you want to be protected from. It must be completed.)

Respondent's address (if known)

Respondent's City, State and Zip (if known)

Respondent's Driver's License Number (if known)

Respondent is: [Choose all that apply]

  1. Date of marriage:

  2. Date of marriage:
    Date of divorce:

  3. Specify relationship:
You've known Respondent since {date}:
Respondent’s last known place of employment:
Employment address:
Working hours:

Physical description of Respondent:
Race:     Sex:     Birthdate:
Height:    Weight:    Eye Color:    Hair Color:
Distinguishing marks or scars: Vehicle Make/Model:    Color:    Tag Number:
Other names Respondent goes by (aliases or nicknames):
Respondent's attorney:
(If you do not know whether Respondent has an attorney, write unknown. If Respondent does not have an attorney, write none.)
Attorney's Address (leave blank if unknown):
Attorney's Phone (leave blank if unknown):




SECTION III. CASE HISTORY AND REASON FOR SEEKING PETITION

  1. If yes, what happened in that case? (include case number, if known)

  2. If yes, what happened in that case? (include case number, if known)
  3. Describe any other court case that is either going on now or that happened in the past, including a dissolution of marriage, paternity action, or child support enforcement action, between you and Respondent {include city, state, and case number, if known}:
  4. Petitioner is either a victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence because Respondent has (mark all sections that apply and describe in the spaces below the incidents of violence or threats of violence, specifying when and where they occurred, including, but not limited to, locations such as a home, school, place of employment, or time-sharing exchange):
    1. committed or threatened to commit domestic violence defined in s. 741.28, Florida Statutes, as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another. With the exception of persons who are parents of a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
    2. previously threatened, harassed, stalked, or physically abused the petitioner.
    3. attempted to harm the petitioner or family members or individuals closely associated with the petitioner.
    4. threatened to conceal, kidnap, or harm the petitioner's child or children.
    5. intentionally injured or killed a family pet.
    6. used, or has threatened to use, against the petitioner any weapons such as guns or knives.
    7. physically restrained the petitioner from leaving the home or calling law enforcement.
    8. a criminal history involving violence or the threat of violence (if known).
    9. another order of protection issued against him or her previously or from another jurisdiction (if known).
    10. destroyed personal property, including, but not limited to, telephones or other communication equipment, clothing, or other items belonging to the petitioner.
    11. engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.
    Below is a brief description of the latest act of violence or threat of violence that causes Petitioner to honestly fear imminent domestic violence by Respondent. (Use additional sheets if necessary.)
    On {date} , at {location}
    the Respondent

    Check here if you are attaching additional pages to continue these facts.
  5. Additional Information
    [Choose all that apply]
    1. Other acts or threats of domestic violence as described on attached sheet.
    2. This or other acts of domestic violence have been previously reported to {person or agency}:
    3. Respondent owns, has, and/or is known to have guns or other weapons.
      Describe weapon(s):
    4. Respondent has a drug problem.
    5. Respondent has an alcohol problem.
    6. Respondent has a history of mental health problems. If checked, answer the following, if known.
      Has Respondent ever been the subject of a Baker Act proceeding?
      Is Respondent supposed to take medication for mental health problems?
      If yes, is Respondent currently taking his/her medication?


SECTION IV.  TEMPORARY EXCLUSIVE USE AND POSSESSION OF HOME (Complete this section only if you want the Court to grant you temporary exclusive use and possession of the home that you share with the Respondent.)

  1. Petitioner claims the following about the home that Petitioner and Respondent share or that Petitioner left because of domestic violence: [Choose all that apply]
    1. Petitioner needs the exclusive use and possession of the home that the parties share at {street address}
      {city, state, zip code}
    2. Petitioner cannot get another safe place to live because:
    3. If kept out of the home, Respondent has the money to get other housing or may live without money at
      {street address}
      {city, state,zip code}
  2. The home is:



SECTION V. TEMPORARY PARENTING PLAN WITH TEMPORARY TIME-SHARING SCHEDULE FOR MINOR CHILD(REN) (Complete this section only if you are asking the court to provide a temporary parenting plan, including a temporary time-sharing schedule with regard to, the minor child or children of the parties which might involve prohibiting or limiting time-sharing or requiring that it be supervised by a third party. You must be the natural parent, adoptive parent, or guardian by court order of the minor child(ren). If you are asking the court to provide a temporary parenting plan, including a temporary time-sharing schedule with regard to, the minor child or children of the parties which might involve prohibiting or limiting time-sharing or requiring that it be supervised by a third party, you must also complete and file a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d).)
Note: If the paternity of the minor child(ren) listed below has not been established through either marriage or court order, the Court may deny a request to provide a temporary parenting plan, including a temporary time-sharing schedule with regard to, the minor child or children, and/or a request for child support.

  1. You are the natural parent, adoptive parent, or guardian by court order of the minor child(ren) whose name(s) and age(s) is (are) listed below.

    NameBirth Date






  2. The minor child(ren) for whom you are asking the court to provide a temporary parenting plan, including a temporary time-sharing schedule:



  3. Name any other minor child(ren) who were there when the domestic violence happened.
    Include child(ren)’s name, age and parents’ names.
  4. Temporary Parenting Plan and Temporary Time-Sharing Schedule
    [choose all that apply]
    1. Petitioner requests that the Court provide a temporary parenting plan, including a temporary time-sharing schedule with regard to, the minor child or children of the parties, as follows:
    2. Petitioner requests that the Court order supervised exchange of the minor child(ren) or exchange through a responsible person designated by the Court. The following person is suggested as a responsible person for purposes of such exchange. Explain:
    3. Petitioner requests that the Court limit time-sharing by Respondent with the minor child(ren). Explain:
    4. Petitioner requests that the Court prohibit time-sharing by Respondent with the minor child(ren) because Petitioner genuinely fears that Respondent imminently will abuse, remove, or hide the minor child(ren) from Petitioner. Explain:
    5. Petitioner requests that the Court allow only supervised time-sharing by Respondent with the minor child(ren). Explain:

      Supervision should be provided by a Family Visitation Center, or other (specify):



SECTION VI. TEMPORARY SUPPORT (Complete this section only if you are seeking financial support from the Respondent. You must also complete and file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), and Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), if you are seeking child support. A Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), must be filed with the court at or prior to a hearing to establish or modify child support.)

[Choose all that apply]

  1. Temporary Alimony Requested $     every

  2. Temporary Child Support is requested in the amount of $    
    every


SECTION VII. INJUNCTION (This Section summarizes what you are asking the Court to include in the injunction. This Section must be completed.)

  1. I ask the Court to enter a TEMPORARY INJUNCTION for protection against domestic violence that will be in place from now until the scheduled hearing in this matter.
  2. I ask the Court to enter, after a hearing has been held on this petition, a final judgment on injunction prohibiting Respondent from committing any acts of domestic violence against me and:
    1. prohibiting Respondent from going to or within 500 feet of any place I live;
    2. prohibiting Respondent from going to or within 500 feet of the my place(s) of employment or school; the address of my place(s) of employment or school is:
    3. prohibiting Respondent from contacting me by mail, by telephone, through another person, or in any other manner;
    4. prohibiting Respondent from knowingly and intentionally going to or within 100 feet of my motor vehicle.
    5. prohibiting Respondent from defacing or destroying my personal property.
    6. prohibiting Respondent from going to or within 500 feet of the following place(s) I or my minor child(ren) must go often {include address}:
    7. granting me temporary exclusive use and possession of the home I and Respondent share;
    8. granting me on a temporary basis 100% of the time sharing with our minor child(ren);
    9. establishing a temporary parenting plan including a temporary time-sharing schedule for our minor child(ren);
    10. granting temporary alimony for me;
    11. granting temporary child support for the minor child(ren);
    12. ordering Respondent to participate in treatment, intervention, and/or counseling services;
    13. referring me to a certified domestic violence center;
and any other terms the Court deems necessary for the protection of me and/or my child(ren), including injunctions or directives to law enforcement agencies, as provided in section 741.30, Florida Statutes.

I UNDERSTAND THAT BY FILING THIS PETITION, I AM ASKING THE COURT TO HOLD A HEARING ON THIS PETITION, THAT BOTH RESPONDENT AND I WILL BE NOTIFIED OF THE HEARING, AND THAT I MUST APPEAR AT THE HEARING. I UNDERSTAND THAT IF EITHER RESPONDENT OR I FAIL TO APPEAR AT THE HEARING, WE WILL BE BOUND BY THE TERMS OF ANY INJUNCTION ISSUED AT THAT HEARING.

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