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Blank Florida Injunction Form

The Florida Injunction form is a legal document used to request modifications to an existing injunction for protection against domestic violence, repeat violence, dating violence, sexual violence, or stalking. This form is applicable to individuals who have previously obtained an injunction and wish to change its terms. Proper completion and filing of this form are essential for the court to consider the requested modifications.

Outline

The Florida Injunction form, specifically the Motion for Modification of Injunction for Protection Against Domestic, Repeat, Dating, or Sexual Violence, or Stalking, is a critical legal document for individuals seeking to change the terms of an existing injunction. This form is designed for parties who have already obtained an injunction and now wish to modify its conditions. It is important to complete the form accurately and submit it to the clerk of the circuit court in the appropriate county. Once filled out, the form must be signed in the presence of a notary public or a court clerk. Filing the original form in a timely manner is essential, as modifications must be requested before the existing injunction expires. Additionally, the moving party must notify the other party of the motion and hearing date, following specific procedures to ensure proper service. If the court grants the modification, a new injunction will be issued, reflecting the changes requested. Understanding the requirements and steps involved in this process is crucial for those navigating the legal system without representation. Various resources, including clerks and family law intake staff, are available to assist individuals with completing the form and understanding the implications of their requests.

Sample - Florida Injunction Form

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)

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 Administration 2.516.

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.

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)

 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.

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)

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, or Stalking (11/15)

_____________________________________________________________________________________

SECTION III. CASE HISTORY AND REASON FOR SEEKING MODIFICATION OF INJUNCTION

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, or Stalking (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 _____________________

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Form Information

Fact Name	Description
Purpose of the Form	This form is used to request changes 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 person can be either the petitioner or the respondent from the original injunction.
Filing Requirements	The form must be completed and signed before a notary public or the clerk of the circuit court. It should then be filed with the clerk in the same county where the original injunction was issued.
Notification of Other Party	The moving party must properly notify the other party of the motion and the hearing date. This notification must be done in a manner that ensures the other party is aware of the proceedings.
Hearing Requirement	A hearing must be scheduled for the motion to proceed. The moving party is required to appear at this hearing.
Modification Conditions	If the injunction is related to domestic violence, the moving party must demonstrate a change in circumstances to modify aspects like alimony or child support.
Governing Law	The modifications are governed by Chapter 61 and Chapter 741 of the Florida Statutes, which outline the legal framework for family law and domestic violence issues.

Detailed Guide for Filling Out Florida Injunction

Filling out the Florida Injunction form requires careful attention to detail. After you complete the form, you will need to sign it in front of a notary public or a clerk of the circuit court. Once signed, the original form must be filed with the clerk in the county where the original petition was filed, and it’s wise to keep a copy for your records. Following this, you will set a hearing for your motion and notify the other party, which is an essential step in the process.

Begin by typing or neatly printing the form in black ink.
Fill in the case number and division at the top of the form.
In the "Moving Party" section, indicate whether you are the Petitioner or Respondent.
Provide your current address, including street address, city, state, and zip code.
List your telephone number in the designated space.
If you have an attorney, write their name, address, and telephone number. If not, write "none."
In the "New Information" section, provide any new details about the other party, such as their address or employment, if known.
Describe any attempts made by either party to get 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, including case numbers if available.
Clearly state the specific reasons for requesting the modification of the injunction.
In the "Requested Relief" section, outline how you wish the injunction to be changed.
Indicate if you are attaching additional pages to continue your explanation.
Sign the form in front of a notary public or the clerk of the circuit court.
File the original form with the clerk in the appropriate county and keep a copy for your records.

Obtain Answers on Florida Injunction

What is the purpose of the Florida Injunction form?
The Florida Injunction form is designed for individuals who wish to modify an existing injunction for protection against domestic, repeat, dating, or sexual violence, or stalking. If you are a party to a previously entered injunction and need to change its terms, this form allows you to formally request those modifications from the court.
Who is considered the moving party?
The individual who files the motion to modify the injunction is referred to as the moving party. This person is responsible for completing the form and ensuring that all necessary steps are followed throughout the modification process.
How do I file the motion for modification?
To file the motion, you must first complete the form in black ink, ensuring that all information is accurate. After signing the form in front of a notary public or clerk of the circuit court, file the original document with the clerk in the county where the original petition was filed. Remember to keep a copy for your records.
What happens after I file the motion?
Once you have filed your motion, the next step is to schedule a hearing. You must notify the other party of this motion and the hearing date. This notification must be done in a manner that reasonably ensures the other party is aware of the motion. You may want to use certified mail or personal service for added assurance.
What if I need assistance with the form?
If you have questions or need help completing the form, you can seek assistance from the clerk of the circuit court or family law intake staff. They can provide guidance on the necessary steps and ensure that your paperwork is correctly filled out.
What should I bring to the hearing?
At the hearing, you must present your case clearly and provide any evidence supporting your request for modification. If the judge grants your motion, they will prepare a new injunction reflecting the changes you requested. Always keep a certified copy of the new injunction with you after the hearing.
Are there any electronic filing requirements?
Yes, the Florida Rules of Judicial Administration require that most documents be filed electronically. While self-represented litigants can file electronically, they are not required to do so. If you choose to file electronically, ensure you follow the specific procedures outlined for your judicial circuit.
What if I need to keep my address confidential?
If you fear that disclosing your address could put you in danger, you may file a Request for Confidential Filing of Address. This form allows you to keep your address private while still proceeding with the modification of your injunction.
What additional forms might I need to file?
If your modification request involves issues such as temporary custody of minor children or changes to alimony or child support, you may need to attach additional forms. These could include the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit or a Family Law Financial Affidavit, depending on your situation.

Common mistakes

Filling out the Florida Injunction form can be a daunting task, and mistakes can lead to delays or complications in the legal process. One common error is failing to provide complete and accurate information in the Moving Party section. This section must be filled out thoroughly, including the full legal name and current address. Omitting any details, such as the correct address or telephone number, can create issues with notification and service.

Another frequent mistake is neglecting to clearly articulate the reasons for seeking a modification of the injunction. The section requesting the specific reasons for the modification should be detailed and straightforward. A vague or incomplete explanation may not convince the court to grant the request, which can be disheartening for the moving party.

People often overlook the necessity of notifying the other party about the motion and hearing. Proper notification is crucial, as the court requires proof that the other party has received this information. Failure to follow the correct notification procedures can result in the motion being dismissed or delayed.

Additionally, some individuals forget to include any required attachments, such as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit if applicable. Not submitting necessary documents can hinder the process and may require additional hearings or filings, adding to the stress of the situation.

Another mistake involves the format of the documents. The form must be typed or printed in black ink, yet some individuals submit forms that do not adhere to this requirement. Ignoring formatting guidelines can lead to rejection of the documents by the court.

Many people also fail to appear at the scheduled hearing. It is essential to understand that the court will not make a decision on the motion without the presence of the moving party. Missing this critical step can result in the motion being denied.

Some individuals do not keep a certified copy of the new injunction once it is granted. This document is vital for ensuring compliance and protecting oneself. Keeping a certified copy on hand can prevent future misunderstandings and provide peace of mind.

Another common oversight is not seeking assistance when needed. The process can be complex, and many people hesitate to ask for help from the clerk or family law intake staff. Utilizing available resources can clarify uncertainties and improve the chances of a successful outcome.

Finally, individuals may overlook the importance of filing within the designated time frame. The motion for modification must be filed before the original injunction expires. Waiting too long can lead to the inability to modify the injunction, leaving the moving party in a challenging position.

Documents used along the form

When dealing with a Florida Injunction, several other forms and documents may come into play. Each serves a specific purpose and can be crucial for ensuring that your case proceeds smoothly. Here’s a list of some commonly used documents alongside the Florida Injunction form.

Notice of Hearing (General): This document informs the other party about the date and time of the hearing regarding your motion. It’s essential for ensuring everyone is on the same page.
Request for Confidential Filing of Address: If you fear for your safety, this form allows you to keep your address confidential. It’s especially important for victims of domestic violence or stalking.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: Required if your case involves child custody issues. This affidavit establishes the jurisdiction for custody matters.
Family Law Financial Affidavit: This form is needed when seeking modifications related to alimony or child support. It provides a clear picture of your financial situation.
Certificate of Service (General): This document proves that you have properly served the other party with your motion and any related documents. It’s a key part of the legal process.
Designation of Current Mailing and E-mail Address: If you choose to communicate via email, this form allows you to designate your email address for service of documents.
Summons: Personal Service on an Individual: This form is used to formally notify the other party of the legal action being taken. It’s crucial for ensuring the other party is aware of the proceedings.
Affidavit of Service: This document serves as proof that the other party has received the necessary paperwork. It can be required in court to confirm service.
Motion for Temporary Relief: If you need immediate changes, this motion requests temporary orders for support or custody while your case is pending.
Final Judgment of Injunction: This document outlines the final terms of the injunction after the court has made its ruling. It’s essential to keep a copy for your records.

Understanding these documents can help you navigate the legal process more effectively. Each plays a vital role in ensuring that your rights are protected and that the court has the necessary information to make informed decisions.

Similar forms

Notice of Hearing: Similar to the Florida Injunction form, this document informs the other party about the scheduled hearing date and time. It ensures that all parties are aware of the proceedings and can prepare accordingly.
Request for Confidential Filing of Address: This form allows individuals to keep their address confidential for safety reasons, much like the injunction form aims to protect victims of violence. Both documents prioritize the safety and privacy of the individual.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: This affidavit is required when child custody is involved. It parallels the injunction form in that it addresses the safety and welfare of children in potentially harmful situations.
Family Law Financial Affidavit: This document is essential when seeking modifications related to financial support. Like the injunction form, it requires clear and detailed information to facilitate court decisions.
Summons: Personal Service on an Individual: This document is used to notify the other party of legal actions. Similar to the injunction form, it emphasizes the importance of proper notification to ensure fair proceedings.

Dos and Don'ts

When filling out the Florida Injunction form, it is essential to approach the task with care and attention to detail. Here are some important dos and don'ts to keep in mind:

Do use black ink or type the form to ensure clarity.
Do sign the form in front of a notary public or the clerk of the circuit court.
Do file the original form with the clerk in the county where the original petition was filed.
Do keep a copy of the completed form for your records.
Don't forget to file your motion for modification before the existing injunction expires.
Don't neglect to properly notify the other party of the motion and hearing date.
Don't assume that mailing or emailing the notice is adequate; consider using certified mail or personal service.
Don't overlook the need to appear at the hearing regarding your motion for modification.

Misconceptions

Misconceptions about the Florida Injunction form can lead to confusion and mistakes during the legal process. Here are eight common misconceptions explained:

Only lawyers can file for a modification. Many believe that only attorneys can file a motion for modification of an injunction. In reality, self-represented litigants can use the form and represent themselves in court.
The form can be submitted without a hearing. Some individuals think they can submit the form without attending a hearing. However, a hearing is required to discuss the modification with the judge.
Filing electronically is mandatory for everyone. While electronic filing is encouraged, it is not mandatory for self-represented litigants. They have the option to file documents in person.
Notifying the other party can be done informally. It is a misconception that informal notification suffices. Proper legal notification methods must be used to ensure the other party is aware of the motion and hearing.
Any change in circumstances is enough for modification. Some people believe that any change justifies a modification. In cases involving domestic violence, specific legal standards must be met to demonstrate a significant change in circumstances.
Once filed, the modification is automatically granted. There is a belief that simply filing the motion guarantees approval. The judge must review the case and decide whether to grant the modification.
Confidential addresses are not necessary. Some individuals think they can disclose their address without concern. If safety is a concern, filing a Request for Confidential Filing of Address is crucial to protect personal information.
Support documents are optional. It is a common misconception that additional documents, like financial affidavits, are not necessary. In many cases, supporting documents are required to substantiate requests for modifications.

Key takeaways

Filling out and using the Florida Injunction form can be a straightforward process if you keep a few key points in mind. Here are some important takeaways:

Use the form correctly: This form is specifically for modifying an existing injunction related to domestic, repeat, dating, or sexual violence, or stalking.
Sign and notarize: After completing the form, ensure you sign it in front of a notary public or the clerk of the circuit court.
File with the right clerk: Submit the original form to the clerk in the county where the initial injunction was filed. Keep a copy for your records.
Set a hearing: You must schedule a hearing on your motion for modification. Properly notify the other party of this hearing.
Service of notice: Make sure the other party receives notice of the motion and hearing. Consider using certified mail or personal service for better assurance.
Attend the hearing: You are required to appear at the hearing. If the judge approves your motion, they will issue a modified injunction.
Understand e-filing: Familiarize yourself with electronic filing and service rules, as they may apply to your case.

By following these guidelines, you can effectively navigate the process of modifying an injunction in Florida.