SC04-132 Amendments To Florida Approved Family Law Forms

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SC04-132 Amendments To Florida Approved Family Law Forms - Corrected Opinion

State: Florida

Court: Supreme Court

Docket No: sc04-132

Case Date: 03/25/2004

Plaintiff: SC04-132 Amendments

Defendant: Florida Supreme Court Approved Family Law Forms - Sexual Violence Forms - Correction

Preview:Supreme Court of Florida
No. SC04-132
AMENDMENTS TO FLORIDA SUPREME COURT APPROVED
FAMILY LAW  FORMS—SEXUAL VIOLENCE FORMS
[March 25, 2004]
CORRECTED OPINION
PER CURIAM.
The 2003 Florida Legislature amended section 784.046, Florida Statutes
(2002), to create a new cause of action for protection against sexual violence and
to prohibit the assessment of fees for the filing of petitions for protection against
repeat, dating, and sexual violence.  See ch. 2003-117, § 2, at 733-40, Laws of Fla.
These amendments became effective on July 1, 2003, see ch. 2003-117, § 3, at
740, Laws of Fla., and significantly affect the Florida Supreme Court Approved
Family Law Forms, which are used by unrepresented litigants throughout the state
to gain meaningful access to the courts.1
1.  We note that this is the second time in two years that statutory changes
have required amendments to these forms.  See Amendments to Fla. Supreme
Court Approved Family Law Forms—Domestic Violence, Repeat Violence and
Dating Violence Forms, 849 So. 2d 1003 (Fla. 2003).

Pursuant to the procedures approved by this Court in Amendments to the
Florida Family Law Rules of Procedure & Family Law Forms, 810 So. 2d 1, 14
(Fla. 2000), this Court has internally reviewed the Florida Supreme Court
Approved Family Law Forms and determined that both new forms and
amendments to existing domestic, repeat, and dating violence forms are necessary
as a result of the legislation.2  Input on this issue was sought and received from the
Advisory Workgroup on The Florida Supreme Court Approved Family Law
Forms, which provided valuable assistance.
Because the Legislature has prohibited the assessment of a filing fee for
petitions for protection against repeat, dating, or sexual violence, we hereby delete
Florida Supreme Court Approved Family Law Form 12.980(a), Affidavit and
Motion for Waiver of Fees for Petition for Injunction for Protection Against
Repeat Violence or Dating Violence.  In response to the creation of a new cause of
action for sexual violence, we create the following Supreme Court Approved
Family Law Forms: Petition for Injunction for Protection Against Sexual
Violence, Florida Supreme Court Approved Family Law Form 12.980(q);
Temporary Injunction for Protection Against Sexual Violence, Florida Supreme
2.  We have jurisdiction.  See art. V, § 2(a), Fla. Const.
-2-

Court Approved Family Law Form 12.980(r); Final Judgment of Injunction for
Protection Against Sexual Violence (After Notice), Florida Supreme Court
Approved Family Law Form 12.980(s).3
3.  The deletion of form 12.980(a) and creation of forms 12.980(q), (r), and
(s) require the renumbering of the remaining 12.980 forms as follows:
Form 12.980(b), Petition for Injunction for Protection Against Domestic
Violence, has been renumbered as Form 12.980(a).
Form 12.980(c)(1), Order Setting Hearing on Petition for Injunction for
Protection Against Domestic Violence, Repeat Violence, or Dating Violence
Without Issuance of an Interim Temporary Injunction, has been renumbered as
Form 12.980(b)(1).
Form 12.980(c)(2), Order Denying Petition for Injunction for Protection
Against Domestic Violence, Repeat Violence, or Dating Violence, has been
renumbered as Form 12.980(b)(2).
Form 12.980(d)(1), Temporary Injunction for Protection Against Domestic
Violence With Minor Child(ren), has been renumbered as Form 12.980(c)(1).
Form 12.980(d)(2), Temporary Injunction for Protection Against Domestic
Violence Without Minor Child(ren), has been renumbered as Form 12.980(c)(2).
Form 12.980(e)(1), Final Judgment of Injunction for Protection Against
Domestic Violence With Minor Child(ren) (After Notice), has been renumbered as
Form 12.980(d)(1).
Form 12.980(e)(2), Final Judgment of Injunction for Protection Against
Domestic Violence Without Minor Child(ren) (After Notice), has been
renumbered as Form 12.980(d)(2).
Form 12.980(f), Order of Dismissal of Temporary Injunction for Protection
Against Domestic Violence, Repeat Violence, or Dating Violence, has been
renumbered as Form 12.980(e).
Form 12.980(g), Petition for Injunction for Protection Against Repeat
Violence, has been renumbered as Form 12.980(f).
Form 12.980(h), Supplemental Affidavit in Support of Petition for
Injunction for Protection Against Domestic Violence, Repeat Violence, or Dating
Violence, has been renumbered as Form 12.980(g).
Form 12.980(i), Petitioner's Request for Confidential Filing of Address, has
been renumbered as Form 12.980(h).
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We also adopt various amendments to the following existing Florida
Supreme Court Approved Family Law Forms:  Petition for Injunction for
Protection Against Domestic Violence, Florida Supreme Court Approved Family
Law Form 12.980(b); Order Setting Hearing on Petition for Injunction for
Protection Against Domestic Violence, Repeat Violence, or Dating Violence
Without Issuance of an Interim Temporary Injunction, Florida Supreme Court
Form 12.980(j), Motion for Extension of Injunction for Protection Against
Domestic Violence, Repeat Violence, or Dating Violence, has been renumbered as
Form 12.980(i).
Form 12.980(k), Motion for Modification of Injunction for Protection
Against Domestic Violence, Repeat Violence, or Dating Violence, has been
renumbered as Form 12.980(j).
Form 12.980(l), Temporary Injunction for Protection Against Repeat
Violence, has been renumbered as Form 12.980(k).
Form 12.980(m), Final Judgment of Injunction for Protection Against
Repeat Violence (After Notice), has been renumbered as Form 12.980(l).
Form 12.980(n), Order Extending Injunction for Protection Against
Domestic Violence, Repeat Violence, or Dating Violence, has been renumbered as
Form 12.980(m).
Form 12.980(o), Petition for Injunction for Protection Against Dating
Violence, has been renumbered as Form 12.980(n).
Form 12.980(p), Temporary Injunction for Protection Against Dating
Violence, has been renumbered as Form 12.980(o).
Form 12.980(q), Final Judgment of Injunction for Protection Against Dating
Violence (After Notice), has been renumbered as Form 12.980(p).
Form 12.980(r), Petition by Affidavit for Order to Show Cause for a
Violation of Final Judgment of Injunction for Protection Against Domestic
Violence, Repeat Violence, or Dating Violence, has been renumbered as Form
12.980(t).
Form 12.980(s), Order to Show Cause, has been renumbered as Form
12.980(u).
-4-

Approved Family Law Form 12.980(c)(1); Order Denying Petition for Injunction
for Protection Against Domestic Violence, Repeat Violence, or Dating Violence,
Florida Supreme Court Approved Family Law Form 12.980(c)(2); Temporary
Injunction for Protection Against Domestic Violence With Minor Child(ren),
Florida Supreme Court Approved Family Law Form 12.980(d)(1); Temporary
Injunction for Protection Against Domestic Violence Without Minor Child(ren),
Florida Supreme Court Approved Family Law Form 12.980(d)(2); Final Judgment
of Injunction for Protection Against Domestic Violence with Minor Child(ren)
(After Notice), Florida Supreme Court Approved Family Law Form 12.980(e)(1);
Final Judgment of Injunction for Protection Against Domestic Violence Without
Minor Child(ren) (After Notice), Florida Supreme Court Approved Family Law
Form 12.980(e)(2); Order of Dismissal of Temporary Injunction for Protection
Against Domestic Violence, Repeat Violence, or Dating Violence, Florida
Supreme Court Approved Family Law Form 12.980(f); Petition for Injunction for
Protection Against Repeat Violence, Florida Supreme Court Approved Family
Law Form 12.980(g); Supplemental Affidavit in Support of Petition for Injunction
for Protection Against Domestic Violence, Repeat Violence, or Dating Violence,
Florida Supreme Court Approved Family Law Form 12.980(h); Petitioner's
Request for Confidential Filing of Address, Florida Supreme Court Approved
-5-

Family Law Form 12.980(i); Motion for Extension of Injunction for Protection
Against Domestic Violence, Repeat Violence, or Dating Violence, Florida
Supreme Court Approved Family Law Form 12.980(j); Motion for Modification of
Injunction for Protection Against Domestic Violence, Repeat Violence, or Dating
Violence, Florida Supreme Court Approved Family Law Form 12.980(k);
Temporary Injunction for Protection Against Repeat Violence, Florida Supreme
Court Approved Family Law Form 12.980(l); Final Judgment of Injunction for
Protection Against Repeat Violence (After Notice), Florida Supreme Court
Approved Family Law Form 12.980(m); Order Extending Injunction for
Protection Against Domestic Violence, Repeat Violence, or Dating Violence,
Florida Supreme Court Approved Family Law Form 12.980(n); Petition for
Injunction for Protection Against Dating Violence, Florida Supreme Court
Approved Family Law Form 12.980(o); Temporary Injunction for Protection
Against Dating Violence, Florida Supreme Court Approved Family Law Form
12.980(p); Final Judgment of Injunction for Protection Against Dating Violence
(After Notice), Florida Supreme Court Approved Family Law Form 12.980(q);
Petition by Affidavit for Order to Show Cause for a Violation of Final Judgment
of Injunction for Protection Against Domestic Violence, Repeat Violence, or
Dating Violence, Florida Supreme Court Approved Family Law Form 12.980(r);
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and Order to Show Cause, Florida Supreme Court Approved Family Law Form
12.980(s).
Finally, some unrelated, minor technical changes have been made to the
abovementioned forms as well as to Florida Supreme Court Approved Family Law
Form 12.931(a), Notice of Production from Nonparty, and Florida Supreme Court
Approved Family Law Form 12.931(b), Subpoena for Production of Documents
from Nonparty.
The forms are adopted as set forth in the appendix to this opinion, fully
engrossed, effective for immediate use.  However, due to the number of new forms
and amendments to existing forms, we direct that these forms be published in The
Florida Bar News so that any interested person may file comments with this Court
by June 1, 2004.  By adoption of these forms, we express no opinion as to their
correctness or applicability, or on the substance of the new legislation. This
opinion and the forms discussed herein may be accessed and downloaded from
this Court's website at www.flcourts.org.
It is so ordered.
ANSTEAD, C.J., and WELLS, PARIENTE, LEWIS, QUINCE, CANTERO, and
BELL, JJ., concur.
PARIENTE, J., concurs with an opinion, in which ANSTEAD, C.J., concurs.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
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EFFECTIVE DATE OF THESE AMENDMENTS.
PARIENTE, J., concurring.
I concur in the adoption of the amendments to these forms.  I write
separately to point out the important role the Florida Supreme Court Approved
Family Law Forms play in providing meaningful access to the courts for
unrepresented litigants, and to acknowledge the work of both this Court's staff and
the Office of State Courts Administrator in ensuring that the forms remain current.
Providing forms that are in conformity with the substantive law is essential
to this Court's goal of simplifying the process in family law cases.  See
Amendments to the Florida Family Law Rules of Procedure & Family Law Forms,
810 So. 2d 1, 1 (Fla. 2000) ("Simplifying the process has been, and continues to
be, a primary goal of this Court in the family law context.").  As we explained in
Amendments to the Florida Family Law Rules, simplifying the process is
especially important
in the domestic violence context, wherein a great many of the litigants
are unrepresented.  As found by the Legislature, "the incidence of
domestic violence in Florida is disturbingly high, and despite efforts
of many to curb this violence, . . . one person dies at the hands of a
spouse, ex-spouse, or cohabitant approximately every 3 days."   §
741.32(1), Fla. Stat. (1999) ("Certification of Batterers' Intervention
Programs"); see also Weiand v. State, 732 So.2d 1044, 1053
(Fla.1999) ("It is now widely recognized that domestic violence
'attacks are often repeated over time, and escape from the home is
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rarely possible without the threat of great personal violence or
death.'").
With so much at stake, simplicity in seeking, obtaining, and
understanding the relief granted in domestic violence injunction cases
is absolutely essential, especially in cases involving pro se litigants.
We have in the past recognized that "domestic and repeat violence
injunctions are an important and significant responsibility of family
courts," In re Family Law [Rules of Procedure], 663 So.2d [1047,]
1049 [(Fla. 1995)], and that it is extremely important to have
"domestic violence issues addressed in an expeditious, efficient, and
deliberative manner."  In re Report of the Comm'n on Family Courts,
646 So. 2d 178, 182 (Fla. 1994).  We now reiterate that "we do not
want these important issues to become bogged down in an
administrative morass." Id.
Id. at 2.
In deciding that this Court should be responsible for internally reviewing,
revising, and otherwise maintaining the Florida Supreme Court Approved Family
Law Forms, we concluded that this was consistent with "our overall vision that
'the vast majority of the forms can be continually evaluated and updated . . .,
and . . . can be approved by this Court by opinion whenever necessary.'"  Id. at 14
(quoting In re Amendments to Fla. Family Laws Rules of Procedure, 724 So. 2d
1159, 1160 (Fla. 1998)) (first alteration in original).  We further concluded that
"this plan frees the [Family Court Steering Committee] to do what this Court
originally created it to do."  Id.  Although I believe that these reasons for placing
the responsibility on the Court for the approved family law forms are still valid, I
-9-

take this opportunity to comment on the resources required to ensure that litigants
have access to forms that are consistent with current legislation.
The task of reviewing legislative amendments to the pertinent statutes each
year to determine what changes to the forms are necessary is a labor-intensive
process that requires attorneys knowledgeable in these issues, who are employed
by the Court, to help ensure that the forms accurately reflect the substantive law.4
I have no doubt that the changes made by the Legislature are intended to improve
family law matters.  Eliminating the filing fee for petitions for protection against
repeat, dating, or sexual violence undoubtedly allows greater access to the courts
for victims of this type of abuse, while creating a new cause of action for sexual
violence provides legal protection to a greater number of individuals.  However,
for these important legislative amendments to be of value to the greatest number of
Florida citizens, this Court must labor to provide up-to-date forms.  I reiterate this
Court's conclusion in Amendments to the Florida Family Law Rules:
Some might say that, although our goals in the family law
context have been simplicity and uniformity, the end result appears to
be a proliferation of forms.  We acknowledge that there remains
significant room for improvement, but we are proud of the fact that
Florida remains a leader in this relatively uncharted area.
810 So. 2d at 15.
4.  Over one hundred pages of forms were reviewed in this case alone.
-10-

ANSTEAD, C.J., concurs.
Original Proceeding - Florida Family Law Rules of Procedure
-11-

INSTRUCTIONS FOR SUPREME COURT APPROVED FAMILY LAW FORMS
12.931(a), NOTICE OF PRODUCTION FROM NONPARTY and
12.931(b), SUBPOENA FOR PRODUCTION OF DOCUMENTS FROM NONPARTY
When should these forms be used?
These forms should be used if you need copies of documents (for a purpose relating to your case)
from a nonparty in your case.  Both forms should be typed or printed in black ink.
Notice of Production from Nonparty, Oî Florida Supreme Court Approved Family Law Form
12.931(a), is used to notify the other party in your case that in 10 days you are going to subpoena
documents from a nonparty. Subpoena for Production of Documents from Nonparty, Oî
Florida Supreme Court Approved Family Law Form 12.931(b), is the actual subpoena directing
the nonparty to produce specific documents. You must file the originals of these forms with the
clerk of the circuit court. A copy of these forms must be mailed or hand delivered to any other
party in your case.
What should I do next?
Ten days after you serve the Notice of Production from Nonparty, Oî Florida Supreme Court
Approved Family Law Form 12.931(a), on the other party in your case (15 days if service is by
mail), you should ask the clerk of the court to sign the subpoena.  You should contact the deputy
sheriff or private process server and have the subpoena personally served on the person named
in the subpoena.
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. Because these papers must also comply with rule
12.280, Florida Family Law Rule of Procedure, and rules 1.280, 1.350, 1.351, and 1.410, Florida
Rules of Civil Procedure, you also should read those rules.
Special notes...
If the other party in your case objects in writing within 10 days (allow an additional 5 days if
served by mail) of service of the Notice of Production from Nonparty, Oî Florida Supreme
Court Approved Family Law Form 12.931(a), you may not use this procedure to obtain
documents from the nonparty unless and until the court orders otherwise.
The nonparty receiving the subpoena may charge you a reasonable fee for copies of the
documents.
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, Oî 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
Instructions for Florida Supreme Court Approved Family Law Forms 12.931(a) Notice of Production from Nonparty
and 12.931(b) Subpoena for Production of Documents from Nonparty (03/04)

the bottom of the last page of every form he or she helps you complete.
Instructions for Florida Supreme Court Approved Family Law Forms 12.931(a) Notice of Production from Nonparty
and 12.931(b) Subpoena for Production of Documents from Nonparty (03/04)

IN THE CIRCUIT COURT OF THE                                                                            JUDICIAL CIRCUIT,
IN AND FOR                                                                                             COUNTY, FLORIDA
Case No.:
Division:
,
Petitioner,
and
,
Respondent.
NOTICE OF PRODUCTION FROM NONPARTY
TO:
{all parties}
YOU ARE NOTIFIED that, after 10 days from the date of service of this notice, the
undersigned will apply to the clerk of this Court for issuance of the attached subpoena directed to
                                                                                                       {name of person, organization, or agency}                                                                                                                                                               , who is not a
                                                                                                                                                           party, to produce the items listed at the time and place specified in the subpoena. Objections to
                                                                                                                                                           the issuance of this subpoena must be filed with the clerk of the circuit court within 10 days.
                                                                                                                                                           I certify that a copy of this document was [ / one only] (                                                                             ) mailed (   ) faxed and
mailed (                                                                                                                                                   ) hand delivered to the person(s) listed below on {date}
                                                                                                       Other party  or his/her attorney (if represented)                                                                                                       Other
Printed Name                                                                                                                                                                                                                                                   Printed Name
Address                                                                                                                                                                                                                                                        Address
City                                                                                                   State                                               Zip                                                                                                 City                               State        Zip
Telephone (area code and number)                                                                                                                                                                                                                               Telephone (area code and number)
Fax (area code and number)                                                                                                                                                                                                                                     Fax (area code and number)
Dated:
Signature of Party
Florida  Supreme Court Approved Family Law Form 12.931(a) Notice of Production from Nonparty (03/04)

Printed Name:
Address:
City, State, Zip:
Telephone Number:
Fax Number:
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN
THE BLANKS BELOW: [ N fill in all blanks]
I, {full legal name and trade name of nonlawyer}                                                                                                         ,
a nonlawyer, located at {street}                                                                                       , {city}                          ,
{state}                                                                                                , {phone}       , helped {name}                   ,
who is the [ / one only]                                                                               petitioner or   respondent, fill out this form.
Florida  Supreme Court Approved Family Law Form 12.931(a) Notice of Production from Nonparty (03/04)

IN THE CIRCUIT COURT OF THE                                                                                  JUDICIAL CIRCUIT,
IN AND FOR                                                                                                   COUNTY, FLORIDA
Case No.:____________________________
Division: ____________________________
,
Petitioner,
and
,
Respondent.
SUBPOENA FOR PRODUCTION OF DOCUMENTS FROM NONPARTY
THE STATE OF FLORIDA
TO:
YOU MUST go to {place}_______________________________________________ , on
{date} ______________, at {time} _________________, a.m./p.m. and bring with you at that
time and place the following:______________________________________________________
These items will be inspected and may be copied at that time. You will not have to leave the
original items.
You may obey this subpoena by providing readable copies of the items to be produced to
the party or his/her attorney whose name appears on this subpoena on or before the scheduled
date of production. You may condition the preparation of the copies upon payment in advance of
the reasonable cost of preparation. If you mail or deliver the copies to the attorney whose name
appears on this subpoena before the date indicated above, you do not have to appear in person.
You may be in contempt of court if you fail to: (1) appear as specified; (2) furnish
the records instead of appearing as provided above; or (3) object to this subpoena.
You can only be excused by the person whose name appears on this subpoena and, unless
excused by that person or the Court, you shall respond as directed.
Dated:
Florida Supreme Court Approved Family Law Form 12.931(b), Subpeona for  Production from a Nonparty (03/04)

CLERK OF THE CIRCUIT COURT
(SEAL)
By:_______________________________________
Deputy Clerk
This part to be filled out by the court or filled in with information you have obtained from
the court:
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please
contact {name}                                                                                               ,
{address}                                                                                                    {telephone}
,within 2 working days of your receipt of this subpoena. If you are
hearing or voice impaired, call TDD 1-800-955-8771.
I CERTIFY that I gave notice to every other party to this action of my intent to serve a
subpoena upon a person who is not a party to this action directing that person to produce
documents or things without deposition.  I also certify that no objection under Florida Rule of
Civil Procedure 1.351 has been received by the undersigned within 10 days of service of this
notice, if service was by hand delivery or appropriate facsimile transmission, and within 15 days
if service was by mail.
Dated: _______________
Signature of Party
Printed Name:
Address:
City, State, Zip:
Telephone Number:
Fax Number:
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN
THE BLANKS BELOW: [ N fill in all blanks]
I, {full legal name and trade name of nonlawyer}______________________________________ ,
                                                                                                             a nonlawyer, located at {street}____________________________________, {city}                                     ,
                                                                                                             {state}___________________, {phone}______________________ , helped {name}                                        ,
who is the [ / one only]                                                                                     petitioner or                                                                  respondent, fill out this form.
Florida Supreme Court Approved Family Law Form 12.931(b), Subpeona for  Production from a Nonparty (03/04)

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM
12.980(a),
PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE
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, kidnaping, 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
Instructions for Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection Against Domestic Violence
(03/04)

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, Oî 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, Oî 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,   Oî 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 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 an immediate
Temporary Injunction for Protection Against Domestic Violence with Minor Child(ren), Oî
Florida Supreme Court Approved Family Law Form 12.980(c)(1).  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 should
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 a Final Judgment of Injunction for Protection Against
Domestic Violence with Minor Child(ren)(After Notice), Oî Florida Supreme Court Approved
Family Law Form 12.980(d)(1), which will remain in effect for a specific time period or until
modified or dissolved by the court. If you and/or the respondent do not appear, the temporary
injunction may be continued in force, extended, or dismissed, and/or additional orders may
Instructions for Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection Against Domestic Violence
(03/04)

be granted, including the imposition of court costs.
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 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.  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, Oí 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” are defined in that
section.  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:
C                                                                                                                                             Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Oí
Florida Supreme Court Approved Family Law Form 12.902(d), must be completed and filed
if you are asking the court to determine issues of temporary custody or visitation with regards
to a minor child(ren).
C                                                                                                                                             Notice of Social Security Number, Oí Florida Supreme Court Approved Family Law
Form 12.902(j), must be completed and filed if you are asking the court to determine issues
of temporary child support.
C                                                                                                                                             Family Law Financial Affidavit, OíFlorida Family Law Rules of Procedure Form
12.902(b) or (c), must be completed and filed if you are seeking temporary alimony or
temporary child support.
C                                                                                                                                             Child Support Guidelines Worksheet, Oí 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.
Additionally, if you fear that disclosing your address to the respondent would put you in danger, you
Instructions for Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection Against Domestic Violence
(03/04)

should complete Petitioner’s Request for Confidential Filing of Address, Oí 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.
Instructions for Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection Against Domestic Violence
(03/04)

IN THE CIRCUIT COURT OF THE                                                                                                          JUDICIAL CIRCUIT,
IN AND FOR                                                                                                                           COUNTY, FLORIDA
Case No.:
Division:
,
Petitioner,
and
,
Respondent.
PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC
VIOLENCE
I, {full legal name}                                                                                                                 , being sworn, certify that
the following statements are true:
SECTION I.                                                                                                                           PETITIONER   (This section is about you.  It must be completed.  However, 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, Oí 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.)
1.                                                                                                                                   Petitioner currently lives at: {street address}
{city, state and zip code}
                                                                                                                                     Telephone Number: {area code and number}
                                                                                                                                     Physical description of Petitioner:
                                                                                                                                     Race: ____         Sex:  Male ___       Female ___                             Date of Birth:  _____________________
2.                                                                                                                                   Petitioner’s attorney’s name, address, and telephone number is:
(If you do not have an attorney, write “none.”)
SECTION II.      RESPONDENT  (This section is about the person you want to be protected from.
It must be completed.)
1.                                                                                                                                   Respondent currently lives at: {street address, city, state, and zip code}
Respondent’s Driver’s License number is: {if known}
2.                                                                                                                                   Respondent is:
[ / all that apply]
Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection Against Domestic Violence (03/04)

a.  the spouse of Petitioner.  Date of Marriage:
b.  the former spouse of Petitioner.
Date of Marriage:
Date of Divorce:
c.  related by blood or marriage to Petitioner.
Specify relationship:
d.  a person who is or was living in one home with Petitioner, as if a family.
e.  a person with whom Petitioner has a child in common, even if Petitioner and Respondent
never were married or living together.
3.                                                                                                                                   Petitioner has known Respondent since {date}
4.                                                                                                                                   Respondent’s last known place of employment:
                                                                                                                                     Employment address:
Working hours:
5.                                                                                                                                   Physical description of Respondent:
Race:                                                                                                                                Sex: Male                                                                                    Female                                                                                       Date of Birth:
Height:                                                                                                                              Weight:                                                                                      Eye Color:                                                                                                    Hair Color:
                                                                                                                                     Distinguishing marks or scars:
                                                                                                                                     Vehicle: (make/model)                                                                                                                                                                     Color:           Tag Number:
6.                                                                                                                                                                                                                                Other names Respondent goes by (aliases or nicknames):
7.                                                                                                                                                                                                                                Respondent’s attorney’s name, address, and telephone number is:
(If you do not know whether Respondent has an attorney, write “unknown.”  If Respondent
does not have an attorney, write “none.”)
SECTION III.     CASE HISTORY AND REASON FOR SEEKING PETITION   (This section
must be completed.)
1.                                                                                                                                   Has Petitioner ever received or tried to get an injunction for protection against domestic
violence against Respondent in this or any other court?
Yes                                                                                                                                  No   If yes, what happened in that case?   (include case number, if known)
2.                                                                                                                                                                                                                                Has Respondent ever received or tried to get an injunction for protection against domestic
                                                                                                                                     violence against Petitioner in this or any other court?
Yes                                                                                                                                  No                                                                                           If yes, what happened in that case? (include case number, if
known)
Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection Against Domestic Violence (03/04)

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 Petitioner and Respondent {include city, state, and case number, if known}:
4.                                                                                                                                   Petitioner is the victim of an act of domestic violence or has reasonable cause to believe that
he or she is in imminent danger of becoming the victim of an act 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
9 Check here if you are attaching additional pages to continue these facts.
5.                                                                                                                                   Additional Information
[ / all that apply]
a.  Other acts or threats of domestic violence as described on attached sheet.
b.  This or other acts of domestic violence have been previously reported to {person or
agency}:
c.  Respondent owns, has, and/or is known to have guns or other weapons.
Describe weapon(s):
d.  Respondent has a drug problem.
e.  Respondent has an alcohol problem.
f.  Respondent has a history of mental health problems.  If checked, answer the following,
Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection Against Domestic Violence (03/04)

if known.
                                                                                                                                                                                                                                                                    Has Respondent ever been the subject of a Baker Act proceeding?   (                                                                                                                                                                                                           ) Yes           (   ) No
                                                                                                                                                                                                                                                                    Is Respondent supposed to take medication for mental health problems?  (                                                                                                                                                                                                              ) Yes       (      ) No
                                                                                                                                                                                                   If yes, is Respondent currently taking his/her medication?   (                                                                                                                                                                                                                                                                         ) Yes   (       ) No
                                                                                                                                                                                                                                                                                                                                               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:
[ / all that apply]
a.   Petitioner needs the exclusive use and possession of the home that the parties share at
{street address}                                                                                                                     ,
{city, state, zip code}
b.  Petitioner cannot get another safe place to live because:
c.   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:
[ / one only]
a.  owned or rented by Petitioner and Respondent jointly.
b.  solely owned or rented by Petitioner.
c.  solely owned or rented by Respondent.
SECTION V.      TEMPORARY CUSTODY OF MINOR CHILD(REN)  (Complete this section
only if you are seeking temporary custody of any minor child.   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
determine issues of temporary custody with regards to a minor child, you must also complete and
file a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Oí
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 temporary custody, visitation, and/or
support.
Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection Against Domestic Violence (03/04)

1.                                                                                                                                   Petitioner is 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.
Name                                                                                                                                 Place of Birth                                                                               Birth date   Sex
2.                                                                                                                                   The minor child(ren) whom Petitioner is seeking temporary custody of:
[ / one only]
a.  saw the domestic violence described in this petition happen.
b.  were at the place where the domestic violence happened but did not see it.
c.  were not there when the domestic violence happened this time but have seen previous acts
of domestic violence by Respondent.
d.  have not witnessed domestic violence by Respondent.
3.                                                                                                                                   Name any other minor child(ren) who were there when the domestic violence happened.
Include child(ren)’s name, age, sex, and parents’ names.
4.                                                                                                                                   Visitation
[ / all that apply]
a.   Petitioner requests that the Court order reasonable visitation by Respondent with the
minor child(ren), as follows:
b.  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:
c.  Petitioner requests that the Court limit visitation by Respondent with the minor child(ren).
Explain:
d.   Petitioner requests that the Court prohibit visitation 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:
Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection Against Domestic Violence (03/04)

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, Oí Florida Family Law Rules of Procedure Form 12.902(b) or (c), and Notice of Social
Security Number, Oí Florida Supreme Court Approved Family Law Form 12.902(j), if you are
seeking child support. A Child Support Guidelines Worksheet, Oí 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.)
[ / all that apply]
1.  Petitioner claims a need for the money he or she is asking the Court to make Respondent
pay, and that Respondent has the ability to pay that money.
2.   Petitioner requests that the Court order Respondent to pay the following temporary
alimony to Petitioner.                                                                                                               (Petitioner must be married to Respondent to ask for temporary
                                                                                                                                                                                                                                   alimony.) Temporary Alimony Requested $                                                                                                                                                                                                                                                                every (   ) week (   ) other week
(                                                                                                                                    ) month.
                                                                                                                                                                                                                                                                                                                                                                         3.  Petitioner requests that the Court order Respondent to pay the following temporary child
support to Petitioner.                                                                                                                                                                                                                                                                                                                                                                                                                                                  (The respondent must be the natural parent, adoptive parent, or
                                                                                                                                                                                                                                                                                                                                                                         guardian by court order of the minor child(ren) for the court to order the respondent to pay
                                                                                                                                                                                                                                                                                              child support.)  Temporary child support is requested in the amount of $                                                                                                                                                                                                        every
(                                                                                                                                    ) week (                                                                                                                                ) other week (                                                                              ) month.
SECTION VII.    INJUNCTION   (This section summarizes what you are asking the Court to
include in the injunction.  This section must be completed.)
1.                                                                                                                                   Petitioner asks 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.                                                                                                                                   Petitioner asks 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 Petitioner and:
a.  prohibiting Respondent from going to or within 500 feet of any place the Petitioner lives;
b.   prohibiting Respondent from going to or within 500 feet of the Petitioner’s place(s) of
employment or school; the address of Petitioner’s place(s) of employment or school is:
c.  prohibiting Respondent from contacting Petitioner by mail, by telephone, through another
person, or in any other manner;
d.  prohibiting Respondent from knowingly and intentionally going to or within 100 feet of
Petitioner’s motor vehicle.
e.  prohibiting Respondent from defacing or destroying Petitioner’s personal property.
Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection Against Domestic Violence (03/04)

[ / all that apply]
f.   prohibiting Respondent from going to or within 500 feet of the following place(s)
Petitioner or Petitioner’s minor child(ren) must go often {include address}:
g.  granting Petitioner temporary exclusive use and possession of the home Petitioner and
Respondent share;
h.  granting Petitioner temporary exclusive custody of the parties’ minor child(ren);
i.  establishing visitation rights with the parties’ minor child(ren);
j.  granting temporary alimony for Petitioner;
k.  granting temporary child support for the minor child(ren);
l.  ordering Respondent to participate in treatment, intervention, and/or counseling services;
m.  referring Petitioner to a certified domestic violence center; and
any other terms the Court deems necessary for the protection of Petitioner and/or Petitioner’s
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 HAVE READ EVERY STATEMENT MADE IN THIS PETITION, AND EACH
STATEMENT IS TRUE AND CORRECT.  I UNDERSTAND THAT THE STATEMENTS
MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY,
PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES.
(initials)
Dated:
                                                                                                                                     Signature of Petitioner
STATE OF FLORIDA
COUNTY OF
Sworn to or affirmed and signed before me on                                                                                         by
NOTARY PUBLIC or  DEPUTY CLERK
Personally known                                                                                                                     [Print, type, or stamp commissioned name of notary or
clerk.]
Produced identification
Type of identification produced
Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection Against Domestic Violence (03/04)

IN THE CIRCUIT COURT OF THE                                                                                                            JUDICIAL CIRCUIT,
IN AND FOR                                                                                                                             COUNTY, FLORIDA
Case No.:
Division:
,
Petitioner,
and
,
Respondent.
ORDER SETTING HEARING ON PETITION FOR INJUNCTION
FOR PROTECTION AGAINST
(                                                                                                                                      ) DOMESTIC VIOLENCE (         ) REPEAT VIOLENCE (   ) DATING VIOLENCE
                                                                                                                                                                 (   ) SEXUAL VIOLENCE
WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION
The Petition for Injunction for Protection Against Domestic Violence filed under section
741.30, Florida Statutes, or Repeat Violence, Dating Violence, or Sexual Violence under section
784.046, Florida Statutes, has been reviewed.  This Court has jurisdiction of the parties and of the
subject matter.  A Temporary Injunction for Protection Against Repeat, Dating, or Sexual Violence,
pending the hearing scheduled below, is NOT being entered at this time but an injunction may be
entered after the hearing, depending on the findings made by the Court at that time.
FINDINGS
The Court finds that the facts, as stated in the Petition alone and without a hearing on the
matter, do not demonstrate that Petitioner is a victim of domestic, repeat, dating, or sexual violence
or that Petitioner has reasonable cause to believe that he or she is in imminent danger of becoming
a victim of domestic or dating violence.  Therefore, there is not a sufficient factual basis upon which
the court can enter a Temporary Injunction for Protection Against Domestic, Repeat, Dating, or
Sexual Violence prior to a hearing.   A hearing is scheduled on the Petition for Injunction for
Protection Against Domestic, Repeat, Dating, or Sexual Violence in section II of this Order.
Petitioner may amend or supplement the Petition at any time to state further reasons why a
Temporary Injunction should be ordered which would be in effect until the hearing scheduled below.
NOTICE OF HEARING
Petitioner and Respondent are ordered to appear and testify at a hearing on the Petition for
Injunction for Protection Against Domestic, Repeat, Dating, or Sexual Violence on {date}
,at                                                                                                                                    a.m./p.m. at {location}   ,
Florida Supreme Court Approved Family Law Form 12.980(b)(1), Order Setting Hearing on Petition for Injunction for Protection Against
Domestic Violence, Repeat Violence, Dating Violence, or Sexual Violence without Issuance of an Interim Temporary Injunction (03/04)

at which time the Court will consider whether a Final Judgment of Injunction for Protection Against
Domestic, Repeat, Dating, or Sexual Violence should be entered.   If entered, the injunction will
remain in effect until a fixed date set by the Court or until modified or dissolved by the Court.  At
the hearing, the Court will deter

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