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. If you are a party to a previously entered injunction and wish to change its terms, this form is essential for initiating that process. For assistance in completing the form, please click the button below to get started.
The Florida Injunction form, specifically the Motion for Modification of Injunction for Protection Against Domestic, Repeat, Dating, or Sexual Violence, or Stalking, is an essential legal document for individuals seeking to alter the terms of an existing injunction. This form is applicable to parties who have previously obtained an injunction and now wish to request modifications based on new circumstances. It requires the moving party to provide specific details about their situation, including any changes in the other party's information or relevant case history. The form must be completed accurately, signed before a notary or clerk, and filed with the appropriate court. It is crucial to file the motion before the expiration of the existing order. After filing, the moving party must set a hearing and ensure proper notification to the other party, adhering to the local procedures for scheduling. If modifications involve issues such as child custody or support, additional documents may be necessary. The process emphasizes the importance of clear communication and compliance with court requirements, as failure to do so could impact the outcome of the motion. Legal assistance is recommended for navigating this complex area of law.
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.}
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 _____________________
Completing the Florida Injunction form requires careful attention to detail. After filling out the form, you will need to take additional steps to ensure your case proceeds smoothly. This includes notifying the other party about the motion and scheduling a hearing.
Once the form is filed, you will need to set a hearing date and notify the other party. Proper notification is essential for the court to consider your motion. Be sure to check with the clerk of court for specific local procedures regarding scheduling and notification.
What is the purpose of the Florida Injunction form?
The Florida Injunction form is designed for individuals who are parties to an existing injunction for protection against domestic violence, repeat violence, dating violence, sexual violence, or stalking. It allows the moving party to request modifications to the terms of the injunction. This form is essential for legally documenting any changes that the party believes are necessary for their safety or well-being.
Who is considered the moving party?
The moving party is the individual who files the Motion for Modification of Injunction. This person is seeking to change the terms of an existing injunction. It can be either the petitioner or the respondent in the original case, depending on who is requesting the modification.
How do I complete the form?
The form should be typed or printed clearly in black ink. It requires you to provide personal information, including your name, address, and contact details. You must also include the reasons for the modification and any new information since the original injunction was issued. After completing the form, it must be signed in front of a notary public or the clerk of the circuit court.
Where do I file the completed form?
The completed form must be filed with the clerk of the circuit court in the county where the original injunction was issued. It is crucial to keep a copy for your records. Filing should occur before the original injunction expires to ensure that your request is considered by the court.
What steps must I take after filing the form?
After filing the form, you need to schedule a hearing for your motion. This involves notifying the other party about the motion and the hearing date. Check with the clerk of court for local procedures regarding scheduling. You must also file a Notice of Hearing form and serve a copy of both the motion and the notice to the other party.
How should I serve the motion to the other party?
Service of the motion must be done in a way that effectively informs the other party. This can include personal service or certified mail with return receipt requested. If you choose to mail or email the documents, be aware that the court may not consider this sufficient notice in some cases. If you are not represented by an attorney, proof of personal service must be filed with the court.
What happens at the hearing?
At the hearing, you will present your case to the judge. If the judge approves your motion, they will issue a new injunction that reflects the modifications you requested. It is important to attend this hearing, as failure to do so may result in the denial of your motion.
What if I want to keep my address confidential?
If you fear that disclosing your address could put you in danger, you can file a Request for Confidential Filing of Address. This request should be submitted along with your Motion for Modification of Injunction. Indicate "confidential" in the appropriate section of the form to protect your address.
Can I file electronically?
Yes, you can file the Motion for Modification of Injunction electronically, but it is not mandatory for self-represented litigants. If you choose to file electronically, you must comply with the Florida Rules of Judicial Administration regarding electronic filing and service.
When filling out the Florida Injunction form, many individuals make common mistakes that can hinder their case. One major error is failing to provide complete and accurate personal information. The form requires specific details, such as your current address and contact number. Omitting or incorrectly entering this information can lead to delays or complications in processing your motion.
Another frequent mistake is neglecting to clearly state the reasons for seeking a modification of the injunction. It’s essential to articulate your request with specific details. Without clear justification, the court may not understand the necessity for changes, which could result in denial of your request.
Additionally, many people forget to check the box that corresponds to the type of injunction they are modifying. This oversight can create confusion for the court and may delay the hearing process. Make sure to review this section carefully before submitting your form.
Improper notification of the other party is another critical error. After filing your motion, you must inform the other party about the hearing. If you fail to do so, the court may dismiss your case. Always ensure that service of notice is done in a way that meets legal requirements, such as using certified mail or personal service.
Many individuals also overlook the importance of filing the motion before the original injunction expires. If you miss this deadline, you may lose the opportunity to modify the injunction. It’s vital to be aware of these timelines to ensure your motion is considered.
In some cases, people forget to include necessary attachments, such as affidavits or financial documents, when applicable. These supporting documents can be crucial for your case, especially if you are requesting changes related to child custody or support. Ensure that all required forms are completed and submitted together.
Another mistake is failing to sign the form in front of a notary public or the clerk of the circuit court. This step is essential for the validity of your motion. Without a proper signature, your motion may be rejected.
Lastly, not following the specific instructions for e-filing or e-service can lead to complications. If you choose to file electronically, be sure to adhere to all guidelines outlined in the Florida Rules of Judicial Administration. Noncompliance can result in your documents being returned or not considered by the court.
When dealing with a Florida Injunction, several other forms and documents may be necessary to support your case. Each of these documents serves a specific purpose and can help ensure that your legal needs are met effectively.
Using these forms correctly can help streamline your case and ensure that your rights are protected. Always consider seeking assistance if you have questions about completing these documents.
When filling out the Florida Injunction form, it is crucial to follow specific guidelines to ensure the process goes smoothly. Below is a list of things you should and shouldn't do.
Understanding the Florida Injunction form can be crucial for anyone navigating the legal system. However, several misconceptions often arise. Here are seven common misunderstandings:
Clarifying these misconceptions can help individuals better navigate the legal process and ensure they take the appropriate steps regarding injunctions in Florida.
Here are some key takeaways regarding the Florida Injunction form:
Remember, if you have questions, the clerk or family law intake staff can assist you.