Form 12.980(T) "Petition for Injunction for Protection Against Stalking" - Florida

What Is Form 12.980(T)?

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 November 1, 2015;
  • The latest edition provided by the Florida Courts;
  • 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 printable version of Form 12.980(T) by clicking the link below or browse more documents and templates provided by the Florida Courts.

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Download Form 12.980(T) "Petition for Injunction for Protection Against Stalking" - Florida

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.980(t)
PETITION FOR INJUNCTION FOR PROTECTION AGAINST STALKING
(11/15)
When should this form be used?
If you are a victim of stalking, you can use this form to ask the court for a protective order prohibiting
stalking. Stalking means the repeated following, harassment, or cyberstalking of one person by another.
Cyberstalk means to engage in a course of conduct to communicate, or to cause to be communicated,
words, images, or language by or through the use of electronic mail or electronic communication, directed
at a specific person, causing substantial emotional distress to that person and serving no legitimate
purpose.
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. If you are under the age of eighteen and
have never been married or had the disabilities of nonage removed by a court, and are living at home,
one of your parents or your legal guardian must sign this petition on your behalf.
The parent or legal guardian of any minor child who is living at home may seek an injunction for protection
against stalking on behalf of the minor child.
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 child(ren),
whether or not you have ever been married or ever lived together, you may, instead, choose to use the
Petition for Injunction for Protection Against Domestic Violence, Florida Supreme Court Approved Family
Law Form 12.980(a), rather than this form.
This form should be typed or printed in black ink. You should complete this form (giving as much detail
as possible) and sign it the presence of a notary or in front of the clerk of the circuit court in one of the
following: the circuit where you currently or temporarily reside; the circuit where the respondent resides;
or the circuit where the stalking occurred. The clerk will take your completed petition to a judge. You
should keep a copy for your records. If have any questions or need assistance completing this form, the
clerk or family law intake staff will help you. There is no filing fee for a petition for protection against
stalking.
What should I do if the judge grants my petition?
If the facts contained in your petition convince the judge that stalking or cyberstalking exists, the judge
will sign a Temporary Injunction for Protection Against Stalking, Florida Supreme Court Approved Family
Law Form 12.980(u). 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
Instructions for Florida Supreme Court Approved Family Law Form 12.980(t), Petition for Injunction for Protection
Against Stalking (11/15)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.980(t)
PETITION FOR INJUNCTION FOR PROTECTION AGAINST STALKING
(11/15)
When should this form be used?
If you are a victim of stalking, you can use this form to ask the court for a protective order prohibiting
stalking. Stalking means the repeated following, harassment, or cyberstalking of one person by another.
Cyberstalk means to engage in a course of conduct to communicate, or to cause to be communicated,
words, images, or language by or through the use of electronic mail or electronic communication, directed
at a specific person, causing substantial emotional distress to that person and serving no legitimate
purpose.
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. If you are under the age of eighteen and
have never been married or had the disabilities of nonage removed by a court, and are living at home,
one of your parents or your legal guardian must sign this petition on your behalf.
The parent or legal guardian of any minor child who is living at home may seek an injunction for protection
against stalking on behalf of the minor child.
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 child(ren),
whether or not you have ever been married or ever lived together, you may, instead, choose to use the
Petition for Injunction for Protection Against Domestic Violence, Florida Supreme Court Approved Family
Law Form 12.980(a), rather than this form.
This form should be typed or printed in black ink. You should complete this form (giving as much detail
as possible) and sign it the presence of a notary or in front of the clerk of the circuit court in one of the
following: the circuit where you currently or temporarily reside; the circuit where the respondent resides;
or the circuit where the stalking occurred. The clerk will take your completed petition to a judge. You
should keep a copy for your records. If have any questions or need assistance completing this form, the
clerk or family law intake staff will help you. There is no filing fee for a petition for protection against
stalking.
What should I do if the judge grants my petition?
If the facts contained in your petition convince the judge that stalking or cyberstalking exists, the judge
will sign a Temporary Injunction for Protection Against Stalking, Florida Supreme Court Approved Family
Law Form 12.980(u). 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
Instructions for Florida Supreme Court Approved Family Law Form 12.980(t), Petition for Injunction for Protection
Against Stalking (11/15)
effect immediately after the respondent is served with a copy of it. It lasts until a 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. Section I of the temporary injunction gives a date that you
should appear in court for a 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 a Final Judgment of Injunction for Protection Against Stalking (After Notice), Florida
Supreme Court Approved Family Law Form 12.980(v), which 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 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
the respondent will be bound by the terms of any injunction or order issued at the final hearing.
IF EITHER YOU OR THE RESPONDENT DO NOT APPEAR AT THE FINAL HEARING, YOU WILL BOTH BE
BOUND BY THE TERMS OF ANY INJUNCTION OR ORDER 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 or
does not issue a Temporary Injunction?
If your petition is denied, you may amend your petition by filing a Supplemental Affidavit in Support of
Petition for Injunction for Protection, Florida Supreme Court Approved Family Law Form 12.980(g). If the
only ground for not granting an ex parte temporary injunction is no appearance of immediate and present
danger of stalking, the court shall set a full hearing on your petition for injunction at the earliest possible
time. The respondent will be notified by personal service of your petition and the hearing. You must
attend the hearing, present facts, and bring evidence that supports your petition; failure to attend the
hearing may result in dismissal of 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 forms. For further
information, see Section 784.0485, Florida Statutes, and Rule 12.610, Florida Family Law Rules of
Procedure.
Instructions for Florida Supreme Court Approved Family Law Form 12.980(t), Petition for Injunction for Protection
Against 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 Administration 2.516.
Special Notes
If you require that your address be confidential for safety reasons, 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. You should then write confidential in the space provided on the petition.
Instructions for Florida Supreme Court Approved Family Law Form 12.980(t), Petition for Injunction for Protection
Against Stalking (11/15)
IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,
IN AND FOR
______________ COUNTY, FLORIDA
Case No.:
Division:
_________________,
Petitioner,
and
__________________,
Respondent.
PETITION FOR INJUNCTION FOR PROTECTION AGAINST STALKING
I, {full legal name}
, being sworn, certify that the
following statements are true:
SECTION I. PETITIONER
(This section is about you. It must be completed; however, if you require that your address be
confidential for safety reasons, 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.
Petitioner resides at the following address: {address, city, state, zip code}
.
{Indicate if applicable}
__Petitioner seeks an injunction for protection on behalf of a minor child. Petitioner is the
parent or legal guardian of {full legal name}
___________________,
a minor child who is living at home.
2.
Petitioner's attorney's name, address, and telephone number is:
.
(If you do not have an attorney, write "none.")
SECTION II. RESPONDENT
(This section is about the person you want to be protected from. It must be completed.)
1.
Respondent resides at the following address: {provide last known street address, city, state, and
zip code}
.
Florida Supreme Court Approved Family Law Form 12.980(t), Petition for Injunction for Protection Against Stalking
(11/15)
2.
Respondent's last known place of employment:
Employment address:
Working hours of Respondent: ____________________________________________________
3.
Physical description of Respondent:
Race:
Sex: Male
__ Female
__ Date of Birth: _________________________
Height: Weight:
_ Eye Color:
Hair Color:
Distinguishing marks and/or scars:
Vehicle: (make/model)__________ Color:_________ Tag Number (if known)________________
4.
Other names Respondent goes by (aliases or nicknames):
______________________________________________________________________________.
5.
Respondent's attorney’s name, address, and telephone number is:
.
(If you do not know whether Respondent has an attorney, write "unknown." If Respondent does
not have an attorney, write "none.")
SECTION III. CASE HISTORY AND REASON FOR SEEKING PETITION (This section must be completed.)
1.
Has Petitioner ever received or tried to get an injunction for protection against stalking against
Respondent in this or any other court?
_ Yes
_ No
If yes, what happened in that case? {Include case number, if known}
2.
Has Respondent ever received or tried to get an injunction for protection against stalking against
Petitioner in this or any other court?
_ Yes
_ No
If yes, what happened in that case? {Include case number, if known}
3.
Describe any other court case that is either going on now or that happened in the past between
Petitioner and Respondent {Include case number, if known}:
______________________________________________________________________________.
4.
Petitioner is a victim of stalking because Respondent has: {please mark all sections that apply}
a. ____ Committed stalking;
b._____Previously threatened, harassed, stalked, cyberstalked, or physically abused the
Petitioner;
c._____Threatened to harm Petitioner or family members or individuals closely associated
with Petitioner;
d.____ Intentionally injured or killed a family pet;
e.____ Used, or threatened to use, against Petitioner any weapons such as guns or knives;
f._____A criminal history involving violence or the threat or violence, if known;
Florida Supreme Court Approved Family Law Form 12.980(t), Petition for Injunction for Protection Against Stalking
(11/15)
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