Form 12.980(B)(1) "Order Setting Hearing on Petition for Injunction for Protection Against Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence, Stalking Without Issuance of an Interim Temporary Injunction" - Florida

What Is Form 12.980(B)(1)?

This is a legal form that was released by the Florida Courts - 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, 2018;
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Download Form 12.980(B)(1) "Order Setting Hearing on Petition for Injunction for Protection Against Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence, Stalking Without Issuance of an Interim Temporary Injunction" - Florida

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IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,
IN AND FOR
COUNTY, FLORIDA
Case No.:
Division:
__________________,
Petitioner,
and
__________________,
Respondent.
ORDER SETTING HEARING ON PETITION FOR INJUNCTION
FOR PROTECTION AGAINST
(
) DOMESTIC VIOLENCE (
) REPEAT VIOLENCE
( ) DATING VIOLENCE (
) SEXUAL VIOLENCE ( ) STALKING
WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION
A Petition for Injunction for Protection Against: Domestic Violence filed under section 741.30, Florida
Statutes; Repeat, Dating, or Sexual Violence filed under section 784.046, Florida Statutes; or Stalking
filed under section 784.0485, Florida Statutes, has been reviewed. This Court has jurisdiction of the
parties and of the subject matter. Upon review of the Petition, this Court concludes that a Temporary
Injunction for Protection Against Domestic Violence; Repeat, Dating, or Sexual Violence; or Stalking,
pending the hearing scheduled below, NOT be entered at this time but that an injunction may be
entered after the hearing, depending on the findings made by the Court at that time.
FINDINGS:
The Court finds that based upon the facts, as stated in the Petition alone and without a hearing on the
matter, there is no appearance of an immediate and present danger of domestic violence; repeat, dating
or sexual violence, or stalking, or that stalking exists. Therefore, there is not a sufficient factual basis
upon which the court can enter a Temporary Injunction for Protection Against Domestic, Repeat, Dating,
or Sexual Violence, or Stalking, prior to a hearing. A hearing is scheduled on the Petition for Injunction
for Protection Against Domestic, Repeat, Dating, or Sexual Violence, or Stalking, in Section II of this
Order. Petitioner may amend or supplement the Petition at any time to state further reasons why a
Temporary Injunction should be ordered which would be in effect until the hearing scheduled below.
Florida Supreme Court Approved Family Law Form 12.980(b)(1), Order Setting Hearing on Petition for Injunction
for Protection Against Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence, or Stalking, without
Issuance of an Interim Temporary Injunction (06/18)
IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,
IN AND FOR
COUNTY, FLORIDA
Case No.:
Division:
__________________,
Petitioner,
and
__________________,
Respondent.
ORDER SETTING HEARING ON PETITION FOR INJUNCTION
FOR PROTECTION AGAINST
(
) DOMESTIC VIOLENCE (
) REPEAT VIOLENCE
( ) DATING VIOLENCE (
) SEXUAL VIOLENCE ( ) STALKING
WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION
A Petition for Injunction for Protection Against: Domestic Violence filed under section 741.30, Florida
Statutes; Repeat, Dating, or Sexual Violence filed under section 784.046, Florida Statutes; or Stalking
filed under section 784.0485, Florida Statutes, has been reviewed. This Court has jurisdiction of the
parties and of the subject matter. Upon review of the Petition, this Court concludes that a Temporary
Injunction for Protection Against Domestic Violence; Repeat, Dating, or Sexual Violence; or Stalking,
pending the hearing scheduled below, NOT be entered at this time but that an injunction may be
entered after the hearing, depending on the findings made by the Court at that time.
FINDINGS:
The Court finds that based upon the facts, as stated in the Petition alone and without a hearing on the
matter, there is no appearance of an immediate and present danger of domestic violence; repeat, dating
or sexual violence, or stalking, or that stalking exists. Therefore, there is not a sufficient factual basis
upon which the court can enter a Temporary Injunction for Protection Against Domestic, Repeat, Dating,
or Sexual Violence, or Stalking, prior to a hearing. A hearing is scheduled on the Petition for Injunction
for Protection Against Domestic, Repeat, Dating, or Sexual Violence, or Stalking, in Section II of this
Order. Petitioner may amend or supplement the Petition at any time to state further reasons why a
Temporary Injunction should be ordered which would be in effect until the hearing scheduled below.
Florida Supreme Court Approved Family Law Form 12.980(b)(1), Order Setting Hearing on Petition for Injunction
for Protection Against Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence, or Stalking, without
Issuance of an Interim Temporary Injunction (06/18)
NOTICE OF HEARING
Petitioner and Respondent are ordered to appear and testify at a hearing on the Petition for Injunction
for Protection Against Domestic, Repeat, Dating, or Sexual Violence, or Stalking on:
{date}
,at
_ a.m./p.m. at {location}_________________________________________
at which time the Court will consider whether a Final Judgment of Injunction for Protection Against
Domestic, Repeat, Dating, or Sexual Violence, or Stalking should be entered. If entered, the injunction
will remain in effect until a fixed date set by the Court or until modified or dissolved by the Court. At the
hearing, the Court will determine whether other things should be ordered, including, for example, such
matters as time-sharing and support, if appropriate.
If Petitioner and/or Respondent do not appear, orders may be entered, including entry of a permanent
injunction and the imposition of court costs. Petitioner and Respondent will be bound by the terms of
any injunction or order issued at the final hearing.
IF EITHER PETITIONER OR RESPONDENT DO NOT APPEAR AT THE FINAL HEARING, HE OR SHE WILL BE
BOUND BY THE TERMS OF ANY INJUNCTION OR ORDER ISSUED IN THIS MATTER.
All witnesses and evidence, if any, must be presented at this time. In cases where temporary support
issues have been alleged in the pleadings, each party is ordered to bring his or her financial affidavit
(Florida Family Law Rules of Procedure Form 12.902(b) or (c)), tax return, pay stubs, and other evidence
of financial income to the hearing.
DOMESTIC VIOLENCE AND STALKING HEARINGS:
Court proceedings concerning domestic violence or stalking are required by law to be recorded. This
recording may be by electronic means. No written transcript of the Court’s recording will be provided to
the parties. Either party may arrange for a court reporter to prepare a written transcript of the hearing
at that party’s expense.
REPEAT VIOLENCE, DATING VIOLENCE, OR SEXUAL VIOLENCE HEARINGS:
The law does not require court proceedings concerning repeat, dating, or sexual violence to be
recorded; however, either party may arrange for a court reporter to record the hearing and prepare a
written transcript of the hearing at that party’s expense. !rrangements for a court reporter must be
made in advance.
A RECORD, WHICH INCLUDES A TRANSCRIPT, MAY BE REQUIRED TO SUPPORT AN APPEAL. THE PARTY
SEEKING THE APPEAL IS RESPONSIBLE FOR HAVING THE TRANSCRIPT PREPARED BY A COURT REPORTER.
THE TRANSCRIPT MUST BE FILED WITH THE REVIEWING COURT OR THE APPEAL MAY BE DENIED
If you are a person with a disability who needs any accommodation in order
to participate in this proceeding, you are entitled, at no cost to you, to the
provisions of certain assistance. Please contact:
Florida Supreme Court Approved Family Law Form 12.980(b)(1), Order Setting Hearing on Petition for Injunction
for Protection Against Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence, or Stalking, without
Issuance of an Interim Temporary Injunction (06/18)
__________________________________________________________________
________________________________________________________________
{identify applicable court personnel by name, address, and telephone number} at
least 7 days before your scheduled court appearance , or immediately upon
receiving this notification if the time before the scheduled appearance is less
than 7 days; if you are hearing or voice impaired, call 711.
Nothing in this order limits Petitioner’s rights to dismiss the petition.
DONE AND ORDERED in _______________________, Florida, on
_______________________.
CIRCUIT JUDGE
COPIES TO:
Sheriff of
________ County
Petitioner:
__ by U. S. Mail
__ by hand delivery in open court
_____by e-mail to designated e-mail address(es)
Respondent:
__ forwarded to sheriff for service
____ State !ttorney’s Office
__ Other: ________________________
I CERTIFY the foregoing is a true copy of the original Order Setting Hearing on Petition for Injunction as
it appears on file in the office of the Clerk of the Circuit Court of _____________________ County,
Florida, and that I have furnished copies of this order as indicated above.
CLERK OF THE CIRCUIT COURT
(SEAL)
By: ______________________________________
{Deputy Clerk or Judicial Assistant}
Florida Supreme Court Approved Family Law Form 12.980(b)(1), Order Setting Hearing on Petition for Injunction
for Protection Against Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence, or Stalking, without
Issuance of an Interim Temporary Injunction (06/18)
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