Form 12.980(A) "Petition for Injunction for Protection Against Domestic Violence" - Florida

What Is Form 12.980(A)?

This is a legal form that was released by the Florida Circuit Court - a government authority operating within Florida. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on June 1, 2021;
  • The latest edition provided by the Florida Circuit Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form 12.980(A) by clicking the link below or browse more documents and templates provided by the Florida Circuit Court.

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Download Form 12.980(A) "Petition for Injunction for Protection Against Domestic Violence" - Florida

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED
FAMILY LAW FORM 12.980(a)
PETITION FOR INJUNCTION FOR PROTECTION AGAINST
DOMESTIC VIOLENCE (06/21)
When should this form be used?
If you are a victim of any act of domestic violence or have reasonable cause to believe that you are in
imminent danger of becoming a victim of domestic violence, you can use this form to ask the court for a
protective order prohibiting domestic violence. Because you are making a request to the court, you are
called the petitioner. The person whom you are asking the court to protect you from is called the
respondent. Domestic violence includes: assault, aggravated assault, battery, aggravated battery,
sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any
other criminal offense resulting in physical injury or death to petitioner by any of petitioner’s family or
household members. In determining whether you have reasonable cause to believe you are in
imminent danger of becoming a victim of domestic violence, the court must consider all relevant factors
alleged in the petition, including, but not limited to the following:
1. The history between the petitioner and the respondent, including threats, harassment, stalking,
and physical abuse.
2. Whether the respondent has attempted to harm the petitioner or family members or individuals
closely associated with the petitioner.
3. Whether the respondent has threatened to conceal, kidnap, or harm the petitioner
s child or
children.
4. Whether the respondent has intentionally injured or killed a family pet.
5. Whether the respondent has used, or has threatened to use, against the petitioner any weapons
such as guns or knives.
6. Whether the respondent has physically restrained the petitioner from leaving the home or
calling law enforcement.
7. Whether the respondent has a criminal history involving violence or the threat of violence.
8. The existence of a verifiable order of protection issued previously or from another jurisdiction.
9. Whether the respondent has destroyed personal property, including, but not limited to,
telephones or other communications equipment, clothing, or other items belonging to the
petitioner.
10. Whether the respondent engaged in any other behavior or conduct that leads the petitioner to
have reasonable cause to believe that he or she is in imminent danger of becoming a victim of
domestic violence.
The domestic violence laws only apply to your situation if the respondent is your spouse, former spouse,
related to you by blood or marriage, living with you now or has lived with you in the past (if you are or
were living as a family), or the other parent of your children whether or not you have ever been married
or ever lived together. With the exception of persons who have a child in common, the family or
Instructions for Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection
Against Domestic Violence (06/21)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED
FAMILY LAW FORM 12.980(a)
PETITION FOR INJUNCTION FOR PROTECTION AGAINST
DOMESTIC VIOLENCE (06/21)
When should this form be used?
If you are a victim of any act of domestic violence or have reasonable cause to believe that you are in
imminent danger of becoming a victim of domestic violence, you can use this form to ask the court for a
protective order prohibiting domestic violence. Because you are making a request to the court, you are
called the petitioner. The person whom you are asking the court to protect you from is called the
respondent. Domestic violence includes: assault, aggravated assault, battery, aggravated battery,
sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any
other criminal offense resulting in physical injury or death to petitioner by any of petitioner’s family or
household members. In determining whether you have reasonable cause to believe you are in
imminent danger of becoming a victim of domestic violence, the court must consider all relevant factors
alleged in the petition, including, but not limited to the following:
1. The history between the petitioner and the respondent, including threats, harassment, stalking,
and physical abuse.
2. Whether the respondent has attempted to harm the petitioner or family members or individuals
closely associated with the petitioner.
3. Whether the respondent has threatened to conceal, kidnap, or harm the petitioner
s child or
children.
4. Whether the respondent has intentionally injured or killed a family pet.
5. Whether the respondent has used, or has threatened to use, against the petitioner any weapons
such as guns or knives.
6. Whether the respondent has physically restrained the petitioner from leaving the home or
calling law enforcement.
7. Whether the respondent has a criminal history involving violence or the threat of violence.
8. The existence of a verifiable order of protection issued previously or from another jurisdiction.
9. Whether the respondent has destroyed personal property, including, but not limited to,
telephones or other communications equipment, clothing, or other items belonging to the
petitioner.
10. Whether the respondent engaged in any other behavior or conduct that leads the petitioner to
have reasonable cause to believe that he or she is in imminent danger of becoming a victim of
domestic violence.
The domestic violence laws only apply to your situation if the respondent is your spouse, former spouse,
related to you by blood or marriage, living with you now or has lived with you in the past (if you are or
were living as a family), or the other parent of your children whether or not you have ever been married
or ever lived together. With the exception of persons who have a child in common, the family or
Instructions for Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection
Against Domestic Violence (06/21)
household members must be currently residing together or have in the past resided together in the
same single dwelling unit. If the respondent is not one of the above, you should look at Petition for
Injunction for Protection Against Repeat Violence, Florida Supreme Court Approved Family Law Form
12.980(f), to determine if your situation will qualify for an injunction for protection against repeat
violence, or Petition for Injunction for Protection Against Dating Violence, Florida Supreme Court
Approved Family Law Form 12.980(n), to determine if your situation will qualify for an injunction for
protection against dating violence, or Petition for Injunction for Protection Against Sexual Violence,
Florida Supreme Court Approved Family Law Form 12.980(q), to determine if your situation will qualify
for an injunction for protection against sexual violence.
If you are under the age of eighteen and you have never been married or had the disabilities of nonage
removed by a court, then one of your parents, custodians, or your legal guardian must sign this petition
with you.
This form should be typed or printed in black ink. You should complete this form (giving as much detail
as possible) and sign it in front of a notary public or the clerk of the circuit court in the county where
you live. The clerk will take your completed petition to a judge. You should keep a copy for your
records. If you have any questions or need assistance completing this form, the clerk or family law
intake staff will help you.
What should I do if the judge grants my petition?
If the facts contained in your petition convince the judge that you are a victim of domestic violence or
that an imminent danger of domestic violence exists, the judge will sign either an immediate
Temporary Injunction for Protection Against Domestic Violence with Minor Child(ren), Florida
Supreme Court Approved Family Law Form 12.980(c)(1) or an immediate Temporary Injunction for
Protection Against Domestic Violence without Minor Child(ren), Florida Supreme Court Approved
Family Law Form 12.980(c)(2). A temporary injunction is issued without notice to the respondent. The
clerk will give your petition, the temporary injunction, and any other papers filed with your petition to
the sheriff or other law enforcement officer for personal service on the respondent. The temporary
injunction will take effect immediately after the respondent is served with a copy of it. It lasts until a full
hearing can be held or for a period of 15 days, whichever comes first. The court may extend the
temporary injunction beyond 15 days for a good reason, which may include failure to obtain service on
the respondent.
The temporary injunction is issued ex parte. This means that the judge has considered only the
information presented by one side—YOU. The temporary injunction gives a date that you must appear
in court for a hearing. At that hearing, you will be expected to testify about the facts in your petition.
The respondent will be given the opportunity to testify at this hearing, also. At the hearing, the judge
will decide whether to issue either a Final Judgment of Injunction for Protection Against Domestic
Violence with Minor Child(ren)(After Notice), Florida Supreme Court Approved Family Law Form
12.980(d)(1), or a Final Judgment of Injunction for Protection Against Domestic Violence without
Instructions for Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection
Against Domestic Violence (06/21)
Minor Child(ren)(After Notice), Florida Supreme Court Approved Family Law Form 12.980(d)(2). Either
of these final judgments will remain in effect for a specific time period or until modified or dissolved by
the court. If either you or the respondent do not appear at the final hearing, the temporary injunction
may be continued in force, extended, or dismissed, and/or additional orders may be granted,
including entry of a permanent injunction and the imposition of court costs. You and respondent will
be bound by the terms of any injunction issued at the final hearing.
IF EITHER YOU OR RESPONDENT DO NOT APPEAR AT THE FINAL HEARING, YOU WILL BOTH BE BOUND
BY THE TERMS OF ANY INJUNCTION ISSUED IN THIS MATTER.
If the judge signs a temporary or final injunction, the clerk will provide you with the necessary copies.
Make sure that you keep one certified copy of the injunction with you at all times!
What can I do if the judge denies my petition?
If your petition is denied solely on the grounds that it appears to the court that no imminent danger of
domestic violence exists, the court will set a full hearing, at the earliest possible time, on your petition,
unless you request that no hearing be set. The respondent will be notified by personal service of your
petition and the hearing.
If your petition is denied, you may: amend your petition by filing a
Supplemental Affidavit in Support of Petition for Injunction for Protection Against Domestic Violence,
Repeat or Dating Violence, Florida Family Law Form 12.980 (g); attend the hearing and present facts
that support your petition; and/or dismiss your petition.
Where can I look for more information?
Before proceeding, you should read General Information for Self-Represented Litigants found at the
beginning of these forms. The words that are in bold underline are defined in that section. The clerk of
the circuit court or family law intake staff will help you complete any necessary domestic violence forms
and can give you information about local domestic violence victim assistance programs, shelters, and
other related services. You may also call the Domestic Violence Hotline at 1-800-500-1119. For further
information, see Chapter 741, Florida Statutes, and Rule 12.610, Florida Family Law Rules of Procedure.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of General Practice and 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 General Practice and 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.
Instructions for Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection
Against Domestic Violence (06/21)
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 General Practice and 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 General Practice and 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 General Practice and Judicial Administration
2.516. You may find this rule at
www.flcourts.org
through the link to the Rules of General Practice and
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 General Practice and Judicial
Administration 2.516.
Special notes…
With this form you may also need to file the following:
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme
Court Approved Family Law Form 12.902(d), must be completed and filed if you are asking the
court to determine issues with regard to your parenting plan or time-parenting plan means a
document created to govern the relationship between the parents relating to the decisions that
must be made regarding the minor child(ren) and must contain a time-sharing schedule for the
parents and child(ren). The issues concerning the minor child(ren) may include, but are not
limited to, the child(ren)’s education, health care, and physical, social, and emotional well-being.
In creating the plan, all circumstances between the parents, including their historic relationship,
domestic violence, and other factors must be taken into consideration. The parenting plan shall
be developed and agreed to by the parents and approved by a court, or established by the
court, with or without the use of a court-ordered parenting plan recommendation. If the
parents cannot agree, or if the parents agreed to a plan that is not approved by the court, a
parenting plan shall be established by the court. “Time-sharing schedule” means a timetable
that must be included in the parenting plan that specifies the time, including overnights and
holidays, that a minor child will spend with each parent. If developed and agreed to by the
parents of a minor child, it must be approved by the court. If the parents cannot agree, of if
Instructions for Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection
Against Domestic Violence (06/21)
their agreed-upon schedule is not approved by the court, the schedule shall be established by
the court.
Notice of Related Cases, Florida Family Law Rules of Procedure Form 12.900(h), must be
completed and filed.
Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j),
must be completed and filed if you are asking the court to determine issues of temporary child
support.
Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c),
must be completed and filed if you are seeking temporary alimony or temporary child support.
Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e),
MUST be filed with the court at or prior to a hearing to establish or modify child support.
Additionally, if you fear that disclosing your address to the respondent would put you in danger, you
should complete a Request for Confidential Filing of Address, Florida Supreme Court Approved Family
Law Form 12.980(h), and file it with the clerk of the circuit court and write confidential in the space
provided
on
the
petition.
Instructions for Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection
Against Domestic Violence (06/21)
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