Form 12.980(J) "Motion for Modification of Injunction for Protection Against Domestic, Repeat, Dating or Sexual Violence, or Stalking" - Florida

What Is Form 12.980(J)?

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 November 1, 2015;
  • 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(J) 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(J) "Motion for Modification of Injunction for Protection Against Domestic, Repeat, Dating or Sexual Violence, or Stalking" - Florida

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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)
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.
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)
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.
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)
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 employment, physical description, vehicle, aliases or nicknames, or attorney’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.}
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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)
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