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Blank Florida Injunction PDF Form

The Florida Injunction form is a legal document used to request modifications to an existing injunction for protection against domestic, repeat, dating, or sexual violence, or stalking. If you are a party involved in such a case and need to change the terms of the injunction, this form allows you to formally present your request to the court. To proceed, fill out the form by clicking the button below.

Article Guide

The Florida Injunction form is an essential legal document designed for individuals seeking to modify an existing injunction for protection against domestic, repeat, dating, or sexual violence, as well as stalking. This form is particularly important for those who have experienced changes in their circumstances and need to adjust the terms of their injunction. As the moving party, you will be responsible for filling out the form accurately, ensuring that all relevant information is included. The form must be typed or printed in black ink, signed before a notary public or the clerk of the circuit court, and filed with the clerk in the county where the original petition was submitted. It’s crucial to file the motion for modification before the current injunction expires. Once the form is submitted, you will need to set a hearing on your motion and notify the other party appropriately. This includes serving them with a copy of the motion and a notice of hearing, which can be done through various methods, including certified mail or personal service. Additionally, if your case involves issues like child custody or financial support, you may need to attach other relevant forms to your submission. Understanding these steps is vital for ensuring that your request for modification is considered by the court.

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY

LAW FORM 12.980(j)

MOTION FOR MODIFICATION OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC, REPEAT, DATING, OR SEXUAL VIOLENCE, OR STALKING (11/15)

When should this form be used?

This form may be used if you are a party to a previously entered injunction for protection against domestic, repeat, dating, or sexual violence, or stalking, and you want the court to modify the terms of the injunction. If you use this form, you are called the moving party.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or the clerk of the circuit court. You should then file the original with the clerk in the county where the original petition was filed and keep a copy for your records. You must file a motion for modification before the previously entered order expires. 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 next?

For your case to proceed, you will need to set a hearing on your motion. You must properly notify the other party of the motion and hearing. You should check with the clerk of court for information on the local procedure for scheduling a hearing. When you know the date and time of your hearing, you should file Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. You will need to serve a copy of your motion and Notice of Hearing on the other party. Service of your motion must be in in a manner that is reasonably calculated to apprise the other party of your motion and the hearing. 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 consider using certified mail, return receipt requested, or having the motion personally served. If you are not represented by an attorney in this action, you must file proof that the other party personally received notice of your motion. This is a technical area of the law; if you have any questions about it, you should consult a lawyer. For more information on personal service, see the instructions for Summons: Personal Service on an Individual, Florida Family Law Rules of Procedure Form 12.910(a).

You will need to appear at a hearing on your motion for modification of injunction. After the hearing, if the judge grants your motion, he or she will prepare a new injunction for protection that contains the modifications. After the judge signs the new injunction, the clerk will provide you with the necessary copies. Make sure that you keep a certified copy of the new injunction with you at all times!

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, repeat, dating, or sexual violence; or stalking forms and will answer any question that you may have.

Instructions for Florida Supreme Court Approved Family Law Form 12.980(j), Motion for Modification of Injunction for Protection Against Domestic, Repeat, Dating or Sexual Violence, or Stalking (11/15)

IMPORTANT INFORMATION REGARDING E-FILING

The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.

The rules and procedures should be carefully read and followed

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index.

SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the procedures must always be followed once the initial election is made.

To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration2.516.

Special notes...

If the injunction you are seeking to modify is for domestic violence and you want the court to modify alimony, child support, or time-sharing of minor child(ren), you must establish that there has been a change in circumstance(s), as required by chapter 61, Florida Statutes, or chapter 741, Florida Statutes, as applicable, that requires this (these) modification(s). Be sure that you make these change(s) clear in your motion.

With this form you may also file the following:

Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h), if you fear that disclosing your address would put you in danger because you are the victim of sexual battery, aggravated child abuse, stalking, aggravated stalking, harassment, aggravated battery, or domestic violence, and you wish to keep your address confidential.

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), must be completed and attached if the modification(s) you are seeking involves temporary custody of any minor child(ren).

Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), must be completed and attached if the modification(s) you are seeking involves temporary alimony or temporary child support.

When completing this form, you should make sure that your reasons for requesting that the injunction be modified are stated clearly and that you include all relevant facts.

IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,

IN AND FOR __________________________ COUNTY, FLORIDA

Case No: _________________________

Division: _________________________

______________________________,

Petitioner,

And

______________________________,

Respondent,

MOTION FOR MODIFICATION OF INJUNCTION FOR PROTECTION AGAINST ( ) DOMESTIC VIOLENCE ( ) REPEAT VIOLENCE

( ) DATING VIOLENCE ( ) SEXUAL VIOLENCE ( ) STALKING

I, {full legal name} __________________________________________________________, being sworn,

certify that the following statements are true:

SECTION I. MOVING PARTY

(This section is about you. It must be completed. However, if you fear that disclosing your address would put you in danger because you are the victim of sexual battery, stalking, aggravated child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence, you should complete and file a 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.)

1.Moving Party is the _____ Petitioner _____ Respondent in this case.

2.Moving Party currently lives at the following address: {street address} _____________________

{city, state, and zip code} __________________________________________________________

Telephone Number: {area code and number} __________________________________________

3.Moving Party's attorney's name, address and telephone number is: _______________________

______________________________________________________________________________

(If you do not have an attorney, write "none.")

SECTION II. NEW INFORMATION

New information since the previous injunction was issued: (If known, write the other party's new address, place of e ploy e t, physical descriptio , vehicle, aliases or ick a es, or attor ey’s name.)

_____________________________________________________________________________________

Florida Supreme Court Approved Family Law Form 12.980(j), Motion for Modification of Injunction for Protection Against Domestic, Repeat, Dating or Sexual Violence, orStalking (11/15)

_____________________________________________________________________________________

SECTION III. CASE HISTORY AND REASON FOR SEEKING MODIFICATION OFINJUNCTION

1.Describe any attempts since the date of the current injunction by either Petitioner or Respondent to get an injunction for protection in this or any other court (other than the injunction you are asking to modify in this motion). ___________________________________________________

______________________________________________________________________________

2.Describe any other court cases (including case numbers, if known) since the date of the current injunction between Petitioner and Respondent, including any cases involving the parties' minor child(ren), divorce, juvenile dependency, guardianship, or other civil or criminal cases. ________

______________________________________________________________________________

3.Moving Party requests that the previously entered injunction for protection against domestic violence, repeat violence, dating violence, sexual violence, or stalking, be modified for the following specific reasons: {State why you wish the injunction to be changed.}

________________

______________________________________________________________________________

_____ Please indicate here if you are attaching additional pages to continue these facts.

SECTION IV. REQUESTED RELIEF

1.Moving Party understands that the Court will hold a hearing on this motion and that he or she must appear at the hearing.

2.Moving Party asks the Court to enter an order in this case that modifies the previously entered injunction in the following ways: {State how you wish the injunction to be changed.}

______________________________________________________________________________

Florida Supreme Court Approved Family Law Form 12.980(j), Motion for Modification of Injunction for Protection Against Domestic, Repeat, Dating or Sexual Violence, orStalking (11/15)

______________________________________________________________________________

I certify that a copy of this document was (	) mailed ( ) faxed and mailed (	) e-mailed ( ) mailed
by certified mail, return receipt requested, (	) furnished to a law enforcement officer for personal
service to the person(s) listed below on {date} __________________________.

Other party or his/her attorney:

Name: ____________________________________

Address: ___________________________________

City, State, Zip: ______________________________

Fax Number: ________________________________

Designated E-Mail Address(es): __________________

____________________________________________

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this motion and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated: __________________	_______________________________________
	Signature of Petitioner

STATE OF FLORIDA

COUNTY OF _____________________

Sworn to or affirmed and signed before me on ____________ by ________________________________.

_______________________________________

NOTARY PUBLIC or DEPUTY CLERK

_______________________________________

{Print, type, or stamp commissioned name of notary or clerk}

Personally known

Produced identification

Type of identification produced _____________________

Florida Supreme Court Approved Family Law Form 12.980(j), Motion for Modification of Injunction for Protection Against Domestic, Repeat, Dating or Sexual Violence, orStalking (11/15)

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Form Specifications

Fact Name	Description
Form Purpose	This form is used to request modifications to an existing injunction for protection against domestic, repeat, dating, or sexual violence, or stalking.
Moving Party	The individual filing the motion is referred to as the moving party. This can be either the petitioner or the respondent.
Filing Process	After completing the form, it must be signed in front of a notary public or the clerk of the circuit court and filed with the appropriate county clerk.
Notification Requirement	The other party must be properly notified of the motion and hearing. This can be done through certified mail or personal service.
Hearing Necessity	A hearing must be scheduled for the motion to proceed. The moving party must appear at this hearing.
Modification Conditions	If seeking modifications related to alimony or child support, a change in circumstances must be demonstrated as per Florida Statutes, Chapter 61 or 741.
Electronic Filing	All documents must be filed electronically unless exceptions apply. Self-represented litigants can choose to file electronically but are not required to do so.
Confidentiality Option	If the moving party fears for their safety, they can file a Request for Confidential Filing of Address to keep their address private.

Florida Injunction: Usage Guidelines

To fill out the Florida Injunction form, follow these steps carefully. Completing the form accurately is essential for your case to proceed. After filling out the form, you will need to schedule a hearing and notify the other party involved.

Begin by typing or printing the form in black ink.
Fill in the case information at the top, including the judicial circuit and county.
Enter the case number and division, if applicable.
In the section labeled "Moving Party," indicate whether you are the Petitioner or Respondent.
Provide your current address, including street address, city, state, and zip code.
List your telephone number, including the area code.
If you have an attorney, provide their name, address, and telephone number. If you do not have an attorney, write "none."
In the "New Information" section, provide any updates about the other party, such as their new address or employment details.
Describe any attempts made to obtain an injunction since the current one was issued.
List any other court cases involving you and the other party since the current injunction was issued.
Clearly state your reasons for seeking a modification of the injunction.
Indicate if you are attaching additional pages to continue your explanation.
In the "Requested Relief" section, specify how you want the injunction to be modified.
Sign the form in front of a notary public or the clerk of the circuit court.
Make a copy of the completed form for your records.
File the original form with the clerk in the county where the original petition was filed.

Once you have submitted the form, you will need to set a hearing date and notify the other party. Ensure you follow the proper procedures for notification to avoid any issues with your case.

Your Questions, Answered

What is the purpose of the Florida Injunction form?

The Florida Injunction form is designed for individuals who are seeking to modify an existing injunction for protection against domestic violence, repeat violence, dating violence, sexual violence, or stalking. If you are a party to a previously entered injunction and wish to change its terms, this form allows you to formally request those modifications from the court. You will be referred to as the moving party in this process.

How do I complete and file the Florida Injunction form?

To complete the Florida Injunction form, you should type or print your responses in black ink. After filling out the form, it is crucial to sign it in front of a notary public or the clerk of the circuit court. Once signed, file the original with the clerk in the county where the original petition was filed, and retain a copy for your records. Remember, it is important to file the motion for modification before the existing order expires to ensure your request is considered.

What steps should I take after filing the form?

After filing your motion for modification, you must schedule a hearing. This involves notifying the other party about the motion and the hearing date. You can check with the clerk of court for local procedures regarding scheduling. Once the hearing date is confirmed, you should file a Notice of Hearing form and serve a copy of both your motion and the notice on the other party. Proper service is essential, and it is recommended to use certified mail or personal service to ensure the other party receives adequate notice.

What happens during the hearing for the modification?

During the hearing, you will present your case to the judge regarding why the injunction should be modified. It is important to clearly explain your reasons and provide any relevant facts. If the judge grants your motion, a new injunction reflecting the modifications will be prepared. The clerk will then provide you with copies of the new injunction, which you should keep with you at all times.

Can I seek assistance if I have questions about the process?

Yes, if you have questions or need assistance while completing the Florida Injunction form, you can reach out to the clerk of the circuit court or family law intake staff. They are available to help you understand the necessary steps and provide guidance on any specific concerns you may have regarding your case.

What additional forms might I need to file along with the injunction modification?

Depending on your situation, you may need to file additional forms along with your motion for modification. For example, if you are seeking changes to alimony, child support, or custody arrangements, you may need to include a Family Law Financial Affidavit or a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit. Make sure to clearly state your reasons for modification and include all relevant information in your motion to support your requests.

Common mistakes

Incomplete Information: Failing to fill in all required fields can lead to delays or rejection of the form. Ensure all sections are completed accurately.
Incorrect Filing Location: Filing the motion in the wrong county can invalidate the request. Always file in the county where the original injunction was issued.
Missing Signature: Not signing the form before a notary or clerk can result in the form being deemed invalid. Remember to sign it properly.
Failure to Notify: Not providing proper notice to the other party about the motion and hearing can lead to complications. Ensure notification is done correctly.
Ignoring Deadlines: Filing the motion after the injunction has expired can prevent any modifications. Be aware of all relevant timelines.
Insufficient Justification: Not clearly stating reasons for modification can weaken the case. Provide detailed explanations for any requested changes.
Not Keeping Copies: Failing to keep a copy of the filed motion for personal records can lead to confusion later. Always retain a copy for reference.

Documents used along the form

When dealing with legal matters in Florida, especially concerning injunctions, several forms and documents may be necessary to ensure that your case is handled correctly. Understanding these documents can help you navigate the process more effectively. Below is a list of key forms often used alongside the Florida Injunction form.

Notice of Hearing (General) - This document is essential for notifying the other party about the scheduled hearing for your motion. It provides details such as the date, time, and location of the hearing, ensuring that all parties are informed and can prepare accordingly.
Request for Confidential Filing of Address - If you fear for your safety and believe that disclosing your address could put you in danger, this form allows you to keep your address confidential. It is particularly important for victims of domestic violence or stalking.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit - This affidavit is required when the modifications you are seeking involve custody issues related to minor children. It helps establish jurisdiction and ensures that the court has the necessary information regarding custody arrangements.
Family Law Financial Affidavit - If your motion for modification involves financial matters such as alimony or child support, this affidavit is crucial. It provides the court with a clear picture of your financial situation, which can influence the court's decisions.
Certificate of Service (General) - This document serves as proof that you have properly notified the other party about your motion and any related documents. It is important for maintaining transparency and ensuring that the legal process is followed correctly.

Familiarizing yourself with these documents can significantly enhance your understanding of the legal process surrounding injunctions in Florida. Each form plays a vital role in ensuring that your case is presented effectively and that all parties are informed and able to participate in the proceedings.

Similar forms

Restraining Order: Similar to the Florida Injunction form, a restraining order is a legal order issued by a court to protect an individual from harassment or harm. Both documents aim to provide protection for individuals in situations involving domestic violence or threats, and both require a court hearing for modifications or enforcement.
Protection Order: A protection order serves a similar purpose as the Florida Injunction form, as it is designed to safeguard individuals from abuse or stalking. Both documents require the petitioner to present evidence to the court, and modifications can be requested if circumstances change.
Motion for Temporary Relief: This document is often filed in family law cases to request immediate assistance from the court regarding issues such as child custody or support. Like the Florida Injunction form, it requires a clear explanation of the reasons for the request and may necessitate a hearing for the judge to make a decision.
Notice of Hearing: This document informs the other party about the scheduled hearing regarding motions, including those related to injunctions. Similar to the Florida Injunction form, it is essential for ensuring that all parties are aware of court proceedings and have the opportunity to respond or appear.

Dos and Don'ts

When filling out the Florida Injunction form, consider the following guidelines:

Do type or print the form in black ink for clarity.
Do sign the form in the presence of a notary public or the clerk of the circuit court.
Don't forget to file the original form with the clerk in the correct county.
Don't assume that mailing or emailing the notice is adequate; consider using certified mail or personal service instead.

Misconceptions

Understanding the Florida Injunction form can be challenging. Here are ten common misconceptions clarified for your benefit:

Only lawyers can file the form. Many people believe that only attorneys can handle injunction modifications. In fact, self-represented litigants can complete and file the form themselves.
Filing electronically is mandatory for everyone. Some think that all parties must file electronically. While electronic filing is required in many cases, self-represented litigants are not obligated to do so.
The form is only for victims of domestic violence. This form is applicable not only for domestic violence but also for repeat, dating, sexual violence, and stalking situations.
Notarization is optional. It is a common misconception that notarization is not necessary. However, the form must be signed before a notary public or the clerk of the circuit court.
Once filed, the injunction cannot be changed. Many believe that once an injunction is in place, it cannot be modified. In reality, modifications can be requested through the proper motion.
All modifications are automatically granted. Some individuals think that requesting a modification guarantees approval. Each request is subject to a court hearing and the judge's discretion.
Notification of the other party is not essential. It is a misconception that you can file without informing the other party. Proper notification is required to proceed with your motion.
You can use any method to notify the other party. Some believe any notification method suffices. However, the court requires that notification be reasonably calculated to inform the other party.
The hearing date can be set without consulting the clerk. It is often assumed that you can set a hearing date independently. In fact, checking with the clerk for local procedures is necessary.
Proof of service is not needed if you are not represented by an attorney. Many think that self-represented litigants do not need to prove service. However, proof of personal service is required in such cases.

These clarifications aim to provide a clearer understanding of the Florida Injunction form process. If you have further questions, consider reaching out to the clerk's office for assistance.

Key takeaways

When filling out and using the Florida Injunction form, it is crucial to understand the following key points:

Purpose of the Form: This form is intended for individuals who wish to modify an existing injunction related to domestic, repeat, dating, or sexual violence, or stalking.
Moving Party: The individual requesting the modification is referred to as the moving party. Ensure that you correctly identify yourself in this role.
Filing Requirements: Complete the form using black ink, and ensure you sign it before a notary public or the clerk of the circuit court.
Timeliness: It is essential to file the motion for modification before the original injunction expires to ensure your request is considered.
Notification: Properly notify the other party about the motion and hearing. This is a critical step in the process.
Hearing Scheduling: You must set a hearing for your motion and file a Notice of Hearing form with the clerk of court.
Service of Motion: The motion must be served in a way that effectively informs the other party. Certified mail or personal service is recommended for reliability.
Proof of Service: If you are not represented by an attorney, you must provide proof that the other party received notice of your motion.
Documentation: Attach any necessary documents such as financial affidavits or custody affidavits if your modification involves child support or custody issues.

Understanding these key takeaways can help streamline the process of modifying an injunction and ensure compliance with court requirements.