Form 12.980(D)(1) "Final Judgment of Injunction for Protection Against Domestic Violence With Minor Child(Ren) (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 March 1, 2015;
  • 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 Child(Ren) (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 CHILD(REN) (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
Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection
Against Domestic Violence with Minor Child(ren) (After Notice) (03/15)
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 CHILD(REN) (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
Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection
Against Domestic Violence with Minor Child(ren) (After Notice) (03/15)
domestic violence or has reasonable cause to believe that he/she is in imminent danger of becoming a
victim of domestic violence by Respondent.
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
child(ren).
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
Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection
Against Domestic Violence with Minor Child(ren) (After Notice) (03/15)
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}
;
or the following other places (if requested by Petitioner) where Petitioner or Petitioner’s
minor child(ren) 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).
Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection
Against Domestic Violence with Minor Child(ren) (After Notice) (03/15)
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
program would not be appropriate. See Section 741.30(6)(e), Florida Statutes.
a. 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:______________________________________________________________
_______________________________________________________________________.
b. ____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:
__________________________________________________________________________
.
Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection
Against Domestic Violence with Minor Child(ren) (After Notice) (03/15)
c. ____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: _________________
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 insure 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: ____________________________________________________________________
_______________________________________________________________________.
Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection
Against Domestic Violence with Minor Child(ren) (After Notice) (03/15)