Form 12.980(U) "Temporary Injunction for Protection Against Stalking" - Florida

What Is Form 12.980(U)?

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 March 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 fillable version of Form 12.980(U) by clicking the link below or browse more documents and templates provided by the Florida Courts.

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Download Form 12.980(U) "Temporary Injunction for Protection Against Stalking" - Florida

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IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,
IN AND FOR
___________ COUNTY, FLORIDA
Case No.:
Division:
__________________,
Petitioner,
and
__________________,
Respondent.
TEMPORARY INJUNCTION FOR PROTECTION AGAINST STALKING
The Petition for Injunction for Protection Against Stalking under Section 784.0485, Florida Statutes, and
other papers filed in this Court have been reviewed. Under the laws of Florida, the Court has jurisdiction
of the Petitioner and the subject matter, and has jurisdiction of the Respondent upon service of the
temporary injunction. The term Petitioner as used in this injunction includes the person on whose
behalf this injunction is entered.
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. NOTICE OF HEARING
Because this Temporary Injunction for Protection Against Stalking has been issued without notice to
Respondent, Petitioner and Respondent are instructed that they are scheduled to appear and testify at a
hearing regarding this matter on {date} _______________________, at ________ a.m./p.m., when the
Court will consider whether it should issue a Final Judgment of Injunction for Protection Against Stalking,
which shall remain in effect until modified or dissolved by the Court, and whether other things should be
ordered. The hearing will be before The Honorable {name} ____________________________, at the
following address: _________________________________________________________, Florida. If
Petitioner and/or Respondent do not appear, this 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. All witnesses and evidence, if any, must be presented at
this time. 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.
Florida Supreme Court Approved Family Law Form 12.980(u), Temporary Injunction for Protection Against Stalking
(03/15)
IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,
IN AND FOR
___________ COUNTY, FLORIDA
Case No.:
Division:
__________________,
Petitioner,
and
__________________,
Respondent.
TEMPORARY INJUNCTION FOR PROTECTION AGAINST STALKING
The Petition for Injunction for Protection Against Stalking under Section 784.0485, Florida Statutes, and
other papers filed in this Court have been reviewed. Under the laws of Florida, the Court has jurisdiction
of the Petitioner and the subject matter, and has jurisdiction of the Respondent upon service of the
temporary injunction. The term Petitioner as used in this injunction includes the person on whose
behalf this injunction is entered.
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. NOTICE OF HEARING
Because this Temporary Injunction for Protection Against Stalking has been issued without notice to
Respondent, Petitioner and Respondent are instructed that they are scheduled to appear and testify at a
hearing regarding this matter on {date} _______________________, at ________ a.m./p.m., when the
Court will consider whether it should issue a Final Judgment of Injunction for Protection Against Stalking,
which shall remain in effect until modified or dissolved by the Court, and whether other things should be
ordered. The hearing will be before The Honorable {name} ____________________________, at the
following address: _________________________________________________________, Florida. If
Petitioner and/or Respondent do not appear, this 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. All witnesses and evidence, if any, must be presented at
this time. 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.
Florida Supreme Court Approved Family Law Form 12.980(u), Temporary Injunction for Protection Against Stalking
(03/15)
NOTICE: Because this is a civil case, there is no requirement that these proceedings be transcribed at
public expense.
YOU ARE ADVISED THAT IN THIS COURT:
a.____ a court reporter is provided by the court.
b.____ electronic recording only is provided by the court. A party may arrange in advance for the
services of and provide for a court reporter to prepare a written transcript of the proceedings at that
party’s expense.
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
provision of certain assistance. Please contact __________________________
__________________________________________________________________
{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.
SECTION II. FINDINGS
The statements made under oath by Petitioner make it appear that Section 784.0485, Florida Statutes,
applies to the parties, and that stalking exists.
SECTION III. TEMPORARY INJUNCTION AND TERMS
This injunction shall be in effect until the hearing set above and in no event for longer than 15 days,
unless extended by court order. If a final order of injunction is issued, the terms of this temporary
injunction will be extended until service of the final injunction is effected upon Respondent. 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.
Willful violation of the terms of this injunction, such as: committing an act of stalking against
Petitioner; going to or being within 500 feet of Petitioner's residence, place of employment, school, or
other place prohibited in this injunction; knowingly and intentionally coming within 100 feet of
Petitioner’s motor vehicle, whether or not that vehicle is occupied; committing any other violation of
this injunction through an intentional unlawful threat, word or act to do violence to Petitioner;
telephoning, contacting or communicating with Petitioner, unless indirect contact through a third
Florida Supreme Court Approved Family Law Form 12.980(u), Temporary Injunction for Protection Against Stalking
(03/15)
party is specifically allowed by this injunction; defacing or destroying Petitioner’s personal property,
including Petitioner’s motor vehicle; or refusing to surrender firearms or ammunition if ordered to so
by the Court, constitutes a misdemeanor of the first degree punishable as provided by Sections
775.082 and 775.083, Florida Statutes.
Any party violating this injunction may be subject to civil or indirect criminal contempt proceedings,
including the imposition of a fine or imprisonment, and also may be charged with a crime punishable
by a fine, jail, or both, as provided by Florida Statutes.
ORDERED and ADJUDGED:
1. Prohibited Actions. Respondent shall not commit, or cause any other person to commit, any
acts of stalking against Petitioner, including stalking, cyberstalking, aggravated stalking, or any
criminal offense resulting in physical injury or death. Respondent shall not commit any other
violation of this injunction through an intentional unlawful threat, word, or act to do violence to
Petitioner.
2. No Contact. Respondent shall have no contact with the Petitioner unless otherwise provided
in this section.
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, including any electronic means or
use of social media. 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:
b. Petitioner’s current residence {list address}
________________________________________________________________________
or any residence to which Petitioner may move;
c. Petitioner’s current or any subsequent place of employment {list address of current
employment}
________________________________________________________________________
d. where Petitioner attends school {list address of school}
______________________________________________________________________; or
e. the following other places (if requested by Petitioner) where Petitioner, specific members of
Petitioner’s family, or individuals closely associated with Petitioner, regularly frequent:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________.
Florida Supreme Court Approved Family Law Form 12.980(u), Temporary Injunction for Protection Against Stalking
(03/15)
f. Respondent shall not knowingly and intentionally come within 100 feet of Petitioner’s motor
vehicle at any time, whether or not that vehicle is occupied;
g. Other provisions regarding contact:_________________________________________
____________________________________________________________________________
____________________________________________________________________________.
3.
Firearms.
{Initial all that apply; 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, possession, or control any firearm or ammunition.
b. ____Respondent shall not use or possess a firearm or ammunition.
c. ____Respondent shall surrender any firearms and ammunition in the Respondent's
possession to the___________________ County Sheriff's Department.
d. _____Other directives relating to firearms and ammunition:_________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________.
4.
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.
5.
Additional order(s) necessary to protect Petitioner from stalking:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________.
6.
Referral to Appropriate Services for Petitioner:
Petitioner may contact the following services as needed:
____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________.
Florida Supreme Court Approved Family Law Form 12.980(u), Temporary Injunction for Protection Against Stalking
(03/15)
SECTION IV. OTHER SPECIAL PROVISIONS
{This section to be used for inclusion of local provisions approved by the chief judge as provided in
Florida Family Law Rule 12.610.}
_________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________.
SECTION V. DIRECTIONS TO LAW ENFORCEMENT OFFICER IN ENFORCING THIS INJUNCTION
{Unless ordered otherwise by the judge, all provisions in this injunction are considered mandatory
provisions and should be interpreted as part of this injunction.}
1.
The Sheriff of ___________________County, or any other authorized law enforcement officer,
is ordered to serve this temporary injunction upon Respondent as soon as possible after its
issuance.
2.
This injunction is valid and enforceable in all counties of the State of Florida. Violation of this
injunction should be reported to the appropriate law enforcement agency. Law enforcement
officers of the jurisdiction in which a violation of this injunction occurs shall enforce the
provisions of this injunction and are authorized to arrest without a warrant pursuant to Section
901.15, Florida Statutes, for any violation of its provisions, which constitutes a criminal act
under Section 784.0487, Florida Statutes.
3.
THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT
OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES. The
arresting agent shall notify the State Attorney’s Office immediately after arrest.
4.
Reporting alleged violations. If Respondent violates the terms of this injunction and has not
been arrested, Petitioner may contact the clerk of the circuit court of the county in which the
violation is alleged to have occurred. The clerk shall assist Petitioner in preparing an affidavit in
support of reporting the violation or direct Petitioner to the office operated by the court that
has been designated by the chief judge of that circuit as the central intake point for violations of
injunctions for protection where Petitioner can receive assistance in the preparation of the
affidavit in support of the violation. The affidavit shall be immediately forwarded by the office
assisting Petitioner to the state attorney of that circuit and to the judge designated by the chief
judge as the recipient of affidavits of violations of an injunction. Procedures relating to reporting
alleged violations are governed by section 784.0487, Florida Statutes.
DONE AND ORDERED in ____________________________, Florida, on
_________________.
CIRCUIT JUDGE
Florida Supreme Court Approved Family Law Form 12.980(u), Temporary Injunction for Protection Against Stalking
(03/15)