Form 12.980(D)(1) "Final Judgment of Injunction for Protection Against Domestic Violence With Minor Children (After Notice)" - Florida

What Is Form 12.980(D)(1)?

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;
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Download Form 12.980(D)(1) "Final Judgment of Injunction for Protection Against Domestic Violence With Minor Children (After Notice)" - Florida

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IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,
IN AND FOR
COUNTY, FLORIDA
Case No.:
Division:
,
Petitioner,
and
,
Respondent.
FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC
VIOLENCE WITH MINOR CHILDREN (AFTER NOTICE)
The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida
Statutes, and other papers filed in this Court have been reviewed. The Court has jurisdiction of the parties
and the subject matter.
It is intended that this protection order meet the requirements of 18 U.S.C. Section 2265 and therefore
intended that it be accorded full faith and credit by the court of another state or Indian tribe and
enforced as if it were the order of the enforcing state or of the Indian tribe.
SECTION I. HEARING
This cause came before the Court for a hearing to determine whether an Injunction for Protection Against
Domestic Violence in this case should be:
_____ issued
modified
extended
The hearing was attended by:
Petitioner
Respondent
Petitioner’s Counsel
Respondent’s Counsel
SECTION II. FINDINGS
On {date}
, a notice of this hearing was served on Respondent together with
a copy of Petitioner’s petition to this Court and the temporary injunction, if issued. Service was within
the time required by Florida law, and Respondent was afforded an opportunity to be heard.
After hearing the testimony of each party present and of any witnesses, or upon consent of Respondent,
the Court finds, based on the specific facts of this case, that Petitioner is a victim of domestic violence or
has reasonable cause to believe that he/she is in imminent danger of becoming a victim of domestic
violence by Respondent.
Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection
Against Domestic Violence with Minor Children (After Notice) (06/21)
IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,
IN AND FOR
COUNTY, FLORIDA
Case No.:
Division:
,
Petitioner,
and
,
Respondent.
FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC
VIOLENCE WITH MINOR CHILDREN (AFTER NOTICE)
The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida
Statutes, and other papers filed in this Court have been reviewed. The Court has jurisdiction of the parties
and the subject matter.
It is intended that this protection order meet the requirements of 18 U.S.C. Section 2265 and therefore
intended that it be accorded full faith and credit by the court of another state or Indian tribe and
enforced as if it were the order of the enforcing state or of the Indian tribe.
SECTION I. HEARING
This cause came before the Court for a hearing to determine whether an Injunction for Protection Against
Domestic Violence in this case should be:
_____ issued
modified
extended
The hearing was attended by:
Petitioner
Respondent
Petitioner’s Counsel
Respondent’s Counsel
SECTION II. FINDINGS
On {date}
, a notice of this hearing was served on Respondent together with
a copy of Petitioner’s petition to this Court and the temporary injunction, if issued. Service was within
the time required by Florida law, and Respondent was afforded an opportunity to be heard.
After hearing the testimony of each party present and of any witnesses, or upon consent of Respondent,
the Court finds, based on the specific facts of this case, that Petitioner is a victim of domestic violence or
has reasonable cause to believe that he/she is in imminent danger of becoming a victim of domestic
violence by Respondent.
Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection
Against Domestic Violence with Minor Children (After Notice) (06/21)
SECTION III. INJUNCTION AND TERMS
This injunction shall be in full force and effect until either
further order of the Court or
{date}
. This injunction is valid and enforceable in all counties of the
State of Florida. The terms of this injunction may not be changed by either party alone or by both
parties together. Only the Court may modify the terms of this injunction. Either party may ask the
Court to change or end this injunction at any time.
Any violation of this injunction, whether or not at the invitation of Petitioner or anyone else, may
subject Respondent to civil or indirect criminal contempt proceedings, including the imposition of a fine
or imprisonment. Certain willful violations of the terms of this injunction, such as: refusing to vacate
the dwelling that the parties share; going to or being within 500 feet of Petitioner's residence, going to
Petitioner’s place of employment, school, or other place prohibited in this injunction; telephoning,
contacting or communicating with Petitioner if prohibited by this injunction; knowingly or intentionally
coming within 100 feet of Petitioner’s motor vehicle, whether or not it is occupied; defacing or
destroying Petitioner’s personal property; refusing to surrender firearms or ammunition if ordered to
do so by the court; or committing an act of domestic violence against Petitioner constitutes a
misdemeanor of the first degree punishable by up to one year in jail, as provided by sections 775.082
and 775.083, Florida Statutes. In addition, it is a federal criminal felony offense, punishable by up to
life imprisonment, depending on the nature of the violation, to cross state lines or enter Indian country
for the purpose of engaging in conduct that is prohibited in this injunction. 18 U.S.C. SECTION 2262.
ORDERED and ADJUDGED:
1. Violence Prohibited. Respondent shall not commit, or cause any other person to commit, any
acts of domestic violence against Petitioner. 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 or any of Petitioner's family or household members. Respondent shall not
commit any other violation of the injunction through an intentional unlawful threat, word or act
to do violence to the Petitioner.
2. No Contact. Respondent shall have no contact with the Petitioner unless otherwise provided
in this section, or unless paragraphs 13 through 19 below provide for contact connected with
the temporary parenting plan and temporary time-sharing with respect to the minor children.
a. Unless otherwise provided herein, Respondent shall have no contact with Petitioner.
Respondent shall not directly or indirectly contact Petitioner in person, by mail, e-mail, fax,
telephone, through another person, or in any other manner. Further, Respondent shall not
contact or have any third-party contact anyone connected with Petitioner's employment or
school to inquire about Petitioner or to send any messages to Petitioner. Unless otherwise
provided herein, Respondent shall not go to, in, or within 500 feet of: Petitioner’s current
residence {list address}
___________________________________________________________________________
or any residence to which Petitioner may move; Petitioner’s current or any subsequent place
of employment {list address of current employment} ___________________________
______________________________________ or place where Petitioner attends school {list
address of school
;
Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection
Against Domestic Violence with Minor Children (After Notice) (06/21)
or the following other places (if requested by Petitioner) where Petitioner or Petitioner’s
minor children go often:_________________________________________________________
_____________________________________________________________________________
Respondent may not knowingly come within 100 feet of Petitioner's automobile at any time.
b.
Other provisions regarding contact:
____________________________________________________
3. Firearms. Unless paragraph a. is initialed below, Respondent shall not have in his or her care,
custody, possession or control any firearm or ammunition. It is a violation of section 790.233,
Florida Statutes, and a first-degree misdemeanor, for the Respondent to have in his or her care,
custody, possession or control any firearm or ammunition.
[Initial if applies; write N/A if not applicable]
a.
Respondent is a state or local officer as defined in section 943.10(14), Florida Statutes,
who holds an active certification, who receives or possesses a firearm or ammunition for
use in performing official duties on behalf of the officer’s employing agency and is not
prohibited by the court from having in his or her care, custody, possession or control a
firearm or ammunition. The officer’s employing agency may prohibit the officer from
having in his or her care, custody, possession or control a firearm or ammunition.
b.
Respondent shall surrender any firearms and ammunition in the Respondent’s possession
to the
County Sheriff's Department.
c.
Other directives relating to firearms and ammunition: ___________________________
________________________________________________________________________
________________________________________________________________________
_________________________________________________________________
.
NOTE: RESPONDENT IS ADVISED THAT IT IS A FEDERAL CRIMINAL FELONY OFFENSE TO SHIP OR
TRANSPORT IN INTERSTATE OR FOREIGN COMMERCE, OR POSSESS IN OR AFFECTING
COMMERCE, ANY FIREARM OR AMMUNITION; OR TO RECEIVE ANY FIREARM OR AMMUNITION
WHICH HAS BEEN SHIPPED OR TRANSPORTED IN INTERSTATE OR FOREIGN COMMERCE WHILE
SUBJECT TO SUCH AN INJUNCTION. 18 U.S.C. SECTION 922(g)(8).
4. Evaluation/Counseling.
[Initial all that apply; write N/A if does not apply]
a. The Court finds that Respondent has:
i.
willfully violated the ex parte injunction;
ii.
been convicted of, had adjudication withheld on, or pled nolo contendere to a crime
involving violence or a threat of violence; and/or
iii.
in this state or any other state, had at any time a prior injunction for protection
entered against the Respondent after a hearing with notice.
Note: If Respondent meets any of the above enumerated criteria, the Court must order the Respondent to
attend a batterers' intervention program unless it makes written factual findings stating why such a
Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection
Against Domestic Violence with Minor Children (After Notice) (06/21)
program would not be appropriate. See Section 741.30(6)(e), Florida Statutes.
b. Within
10 days
days, (but no more than 10 days) of the date of this injunction,
Respondent shall enroll in and thereafter without delay complete the following, and
Respondent shall provide proof of such enrollment to the Clerk of Circuit Court within
____ 30 days or ____ days, (but no more than 30 days) of the date of this injunction:
i.
A certified batterers’ intervention program from a list of programs to be provided
by the Court or any entity designated by the Court. Respondent shall also
successfully complete any substance abuse or mental health evaluation that the
assessing program counselor deems necessary as a predicate to completion of the
batterers’ intervention program.
ii.
A substance abuse evaluation at:________________________________________
or a similarly qualified facility and any substance abuse treatment recommended
by that evaluation.
iii.
A mental health evaluation by a licensed mental health professional at:
________________________________or any other similarly qualified facility and
any mental health treatment recommended by that evaluation.
iv.
Other: _____________________________________________________________
__________________________________________________________________.
c.
Although Respondent meets the statutory mandate of attendance at a batterers’
intervention program, the Court makes the following written findings as to why the
condition
of
batterers’
intervention
program
would
be
inappropriate:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
d.
Petitioner is referred to a certified domestic violence center and is provided with a list of
certified domestic violence centers in this circuit, which Petitioner may contact.
5. Mailing Address or Designated E-Mail Address(es). Respondent shall notify the Clerk of the Court
of any change in either his or her mailing address, or designated e-mail address(es), within 10
days of the change. All further papers (excluding pleadings requiring personal service) shall be
served either by mail to Respondent’s last known mailing address or by e-mail to Respondent’s
designated e-mail address(es). Service shall be complete upon mailing or e-mailing.
6. Other provisions necessary to protect Petitioner from domestic violence: _________________
.
Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection
Against Domestic Violence with Minor Children (After Notice) (06/21)
TEMPORARY EXCLUSIVE USE AND POSSESSION OF HOME
[Initial if applies; write N/A if not applicable]
7.
Possession of the Home. _____ Petitioner _____ Respondent shall have temporary exclusive
use and possession of the dwelling located at: ______________________________________
___________________________________________________________________________.
8.
Transfer of Possession of the Home. A law enforcement officer with jurisdiction over the
home shall accompany _____ Petitioner _____ Respondent to the home, and shall place
_____ Petitioner _____ Respondent in possession of the home.
9.
Personal Items. _____ Petitioner _____ Respondent, in the presence of a law enforcement
officer, may return to the premises described above on {date}
___, at
a.m./p.m., or ____ at a time arranged with the law enforcement department with
jurisdiction over the home, accompanied by a law enforcement officer only, for the purpose
of obtaining his or her clothing and items of personal health and hygiene and tools of the
trade. A law enforcement officer with jurisdiction over the premises shall go with _____
Petitioner _____ Respondent to the home and stand by to ensure that he/she vacates the
premises with only his/her personal clothing, toiletries, tools of the trade, and any items listed
in paragraph 10 below. The law enforcement agency shall not be responsible for storing or
transporting any property. IF THE RESPONDENT IS NOT AWARDED POSSESSION OF THE
HOME AND GOES TO THE HOME WITHOUT A LAW ENFORCEMENT OFFICER, IT IS A
VIOLATION OF THIS INJUNCTION.
10.
The following other personal possessions may also be removed from the premises at this
time: ______________________________________________________________________
___________________________________________________________________________
11.
Other: _____________________________________________________________________
TEMPORARY PARENTING PLAN AND TIME-SHARING WITH MINOR CHILDREN
12. Jurisdiction. [Initial one only]
a.
Jurisdiction to determine issues relating to parenting plan and time-sharing with respect
to any minor children listed in paragraph 13 below is proper under the Uniform Child
Custody Jurisdiction and Enforcement Act (UCCJEA).
b.
Jurisdiction is exclusive to the dependency court, and accordingly no order is made herein.
{Case Number ____________________________.}
13. Temporary Parenting Plan for Minor Children. Except for that time-sharing (if any) specified for
the other parent in paragraph 14, below, _____ Petitioner _____ Respondent shall on a temporary
basis have 100% of the time-sharing with the parties’ minor children listed below and shall have
sole decision-making responsibility until further court order:
Name
Birth date
Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection
Against Domestic Violence with Minor Children (After Notice) (06/21)
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