The Florida Injunction form is a legal document used to request changes to an existing injunction for protection against domestic, repeat, dating, or sexual violence, or stalking. If you find yourself in a situation where you need to modify the terms of a previously issued injunction, this form is essential. For assistance in completing the form, 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, serves as a critical legal document for individuals seeking to alter existing injunctions. This form is applicable to parties involved in previously established injunctions who wish to change the terms due to new circumstances. The individual filing the motion is referred to as the moving party. Proper completion of the form requires that it be typed or printed in black ink, and must be signed in the presence of a notary public or the clerk of the circuit court. Once completed, the original form should be filed with the clerk in the appropriate county, while retaining a copy for personal records. It is essential to file the motion before the expiration of the existing order. Following the submission, the moving party must set a hearing date and provide adequate notice to the other party, ensuring that the method of notification complies with legal standards. If the court grants the motion, a new injunction reflecting the modifications will be issued. Additional documents may be required depending on the nature of the modifications sought, such as financial affidavits or custody affidavits. Understanding the requirements and procedures associated with this form is vital for those navigating the complexities of family law in Florida.
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 _____________________
To proceed with your request for modification of an injunction, you will need to fill out the appropriate form carefully. After completing the form, it is important to file it with the court and notify the other party about your motion and the hearing. Here are the steps to fill out the Florida Injunction form.
Once the form is filled out and filed, you will need to set a hearing date and notify the other party. This will allow your case to move forward in the court system.
The Florida Injunction form is designed for individuals who are parties to a previously entered injunction for protection against domestic, repeat, dating, or sexual violence, or stalking. If you wish to modify the terms of this injunction, this form allows you to formally request those changes from the court.
This form can be used by any party involved in a previously established injunction. The individual requesting the modification is referred to as the moving party. It is essential that the moving party has a valid reason for the modification request, which should be clearly stated in the form.
After completing the form, you must sign it in front of a notary public or the clerk of the circuit court. Then, file the original document with the clerk in the county where the original injunction was issued. Remember to keep a copy for your records. Additionally, you need to set a hearing on your motion and notify the other party about it.
Proper notification is crucial. You should serve a copy of your motion and Notice of Hearing on the other party. This can be done through various methods, but if you choose to mail or email the documents, be aware that the court may not consider these methods as sufficient notice in some cases. For more assurance, consider using certified mail or personal service.
During the hearing, you will present your case to the judge, explaining why you believe the injunction should be modified. If the judge agrees with your request, they will issue a new injunction that incorporates the changes you requested. It is important to attend this hearing, as your absence could impact the outcome.
Yes, if your modification request involves issues such as alimony, child support, or custody, you may need to submit additional forms. For example, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit must be included if your request involves custody of minor children. Be sure to check the specific requirements based on your situation.
For more detailed guidance, it is recommended to read the General Information for Self-Represented Litigants at the beginning of the forms. Additionally, the clerk of the circuit court or family law intake staff can provide assistance and answer any questions you may have regarding the forms and procedures involved.
Failing to complete all required sections of the form. Each part must be filled out accurately to avoid delays.
Not signing the form in front of a notary public or the clerk. This step is crucial for the form's validity.
Missing the deadline to file the motion for modification. It's important to file before the original order expires.
Neglecting to provide sufficient details in the "New Information" section. Clear and complete information helps the court understand your case.
Forgetting to attach necessary documents, such as the UCCJEA Affidavit or the Family Law Financial Affidavit, when applicable.
Not properly notifying the other party about the motion and hearing. Adequate notice is essential for the process to move forward.
Using the wrong format for electronic filing or service. Make sure to follow the guidelines set by the Florida Rules of Judicial Administration.
Overlooking the need for proof of service if not represented by an attorney. This proof is necessary to show that the other party received notice.
Failing to clearly state the reasons for modification in the motion. The court needs to understand why changes are necessary.
Not keeping a certified copy of the new injunction after the hearing. It's important to have this document readily available.
The Florida Injunction form is often accompanied by several other important documents that help to clarify and support your case. Here’s a brief overview of these forms:
Each of these documents plays a vital role in ensuring that your case is handled correctly and fairly. Make sure to complete and submit them as needed to support your motion for modification effectively.
The Florida Domestic Violence Injunction form is similar to the Petition for Injunction for Protection Against Domestic Violence. Both documents aim to provide legal protection for individuals facing domestic violence. The petition initiates the process, while the modification form allows the petitioner to request changes to the existing injunction. This ensures that the protection remains relevant and effective as circumstances evolve.
Another related document is the Motion for Temporary Injunction. This form is used to request immediate protection from harm while the court considers a more permanent injunction. Like the modification form, it requires the moving party to present evidence of the need for urgent protection. Both documents emphasize the importance of timely action to safeguard personal safety.
The Request for Confidential Filing of Address is also similar. This form is used when a party fears that revealing their address may lead to further danger. Just as the modification form addresses changes in the terms of protection, this request focuses on maintaining confidentiality to enhance safety. Both forms prioritize the well-being of the individual seeking protection.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit is another important document. When modifications involve custody arrangements, this affidavit helps establish jurisdiction for custody matters. Similar to the modification form, it requires clear information about the child's living situation and any changes that may impact custody decisions. Both documents ensure that the best interests of the child are considered.
The Family Law Financial Affidavit is also relevant when modifications involve financial support, such as alimony or child support. This affidavit provides a detailed account of the moving party's financial situation. Like the modification form, it requires accurate information to support the requested changes. Both documents aim to create a fair and just outcome for all parties involved.
The Notice of Hearing is another essential document that complements the modification form. After filing the motion, the moving party must notify the other party of the hearing date. This notice is crucial for ensuring that all parties have the opportunity to present their case. Like the modification form, it emphasizes the importance of due process in legal proceedings.
Lastly, the Certificate of Service is a document that confirms the other party has been properly notified of the motion and hearing. This form is similar to the modification form in that it ensures compliance with legal requirements. Both documents serve to uphold the integrity of the legal process, ensuring that all parties are informed and able to participate in the proceedings.
When filling out the Florida Injunction form, it's crucial to follow specific guidelines to ensure your submission is valid and effective. Here are nine essential do's and don'ts to keep in mind:
Following these guidelines will help ensure that your motion for modification is processed smoothly and effectively.
This form is specifically designed for modifying existing injunctions related to domestic, repeat, dating, or sexual violence, or stalking. It cannot be used for unrelated legal matters.
In fact, the form allows for modifications to an existing injunction. If circumstances change, a party can request alterations to the terms of the injunction.
Proper notification is essential. The other party must be informed of the motion and the hearing date, ensuring they have the opportunity to respond.
Filing the form is just the first step. A hearing must be scheduled, and the moving party must appear in court for the judge to consider the modification.
The form must be filed in the same county where the original injunction was issued. Filing in a different county may lead to complications.
In many cases, personal service is required to ensure the other party is adequately informed. Mail or email may not always suffice.
A valid reason must be provided in the motion for modification. The court needs to see a change in circumstances to justify any alterations.
It is crucial to keep a certified copy of the new injunction with you at all times for your protection and to provide proof of the current terms.
While court staff can provide guidance on forms and procedures, they cannot offer legal advice. Consulting an attorney is advisable for complex situations.
Filling out and using the Florida Injunction form can be a crucial step in modifying an existing injunction. Here are some key takeaways to keep in mind:
By following these steps, you can navigate the process more effectively and ensure your rights are protected.