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980d1 (Florida)

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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)
11. ____Other: ___________________________________________________________________
.
TEMPORARY PARENTING PLAN AND TIME-SHARING WITH MINOR CHILD(REN)
12. Jurisdiction. [Initial one only]
_____ Jurisdiction to determine issues relating to parenting plan and time-sharing with respect
to any minor child(ren) listed in paragraph 13 below is proper under the Uniform Child Custody
Jurisdiction and Enforcement Act (UCCJEA).
_____ Jurisdiction is exclusive to the dependency court, and accordingly no order is made herein.
{Case Number ____________________________.}
13. Temporary Parenting Plan for Minor Child(ren). Except for that time-sharing (if any) specified
for the other parent in paragraph 14, below, _____ Petitioner _____ Respondent shall on a
temporary basis have 100% of the time-sharing with the parties’ minor child(ren) listed below
and shall have sole decision-making responsibility until further court order:
Name Birth date
When requested by the parent to whom the majority of overnight time-sharing with the
child(ren) is awarded on a temporary basis herein, in this case the _____ Petitioner
_____ Respondent, law enforcement officers shall use any and all reasonable and necessary
force to physically deliver the minor child(ren) listed above to the parent to whom the majority
of overnight time-sharing with the child(ren) is awarded on a temporary basis herein. The other
parent shall not take the child(ren) from the parent to whom the majority of overnight time-
sharing with the child(ren) is awarded on a temporary basis herein or any child care provider or
other person entrusted by the parent to whom the majority of overnight time-sharing with the
child(ren) is awarded on a temporary basis herein with the care of the child(ren).
14. Temporary Parenting Plan with Time-Sharing for Minor Child(ren). The Petitioner and
Respondent shall have time-sharing with the minor child(ren) on the following schedule:
{Initial one only}
a. ____ Petitioner ____ Respondent shall have 100% of time-sharing and ____ Petitioner
____ Respondent shall have 0% of time sharing with the child(ren) until further order of the
Court. Until further order of the Court, all parenting decisions shall be made by the parent with
100% of the time-sharing.
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)
b.____ Petitioner ____ Respondent shall have time-sharing from ___________ a.m./p.m. to
______a.m./p.m on the following day(s)_________________________________. The
other parent will have the remaining time-sharing. ____________________________
_______________________________________________________________________
_______________________________________________________________________.
c.____Other:____________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________.
15. Limitations on Time-Sharing. The time-sharing specified in paragraph 14, above, for
____ Petitioner ____ Respondent with the child(ren) shall be:
[Initial all that apply; write N/A if does not apply]
a.______ unsupervised
b.______ supervised by the following specified responsible adult:_______________________
c.______ at a supervised visitation center located at:
_____________________________________________________________________________
,
and shall be subject to the available times and rules of the supervised visitation center. The cost
associated with the services of the supervised visitation center shall be paid by the: {choose one}
_____ parent to whom the majority of overnight time-sharing with the child(ren) is awarded on
a temporary basis herein; _____ other parent; or _____ both parents:
______________________________________________________________________________
.
If specified, the level of supervision shall be:__________________________________________.
16. Arrangements for Time-Sharing with Minor Child(ren).
{Initial all that apply; write N/A if does not apply}
a._____A responsible person shall coordinate the time-sharing arrangements with respect to
the minor child(ren).
If specified, the responsible person shall be: {name} ________________________________
b._____Other conditions for time-sharing arrangements as follows: ___________________
.
17. Exchange of Minor Child(ren).
{Initial all that apply; write N/A if does not apply}
a._____The parties shall exchange the child(ren) at _____ school or daycare, or _____ at the
following location(s):
.
b._____A responsible person shall conduct all exchanges of the child(ren). The _____ Petitioner
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)
_____ Respondent shall not be present during the exchange. If specified, the responsible
person shall be: {name}
__________________________________________________________________________.
c._____Other conditions for exchange as follows:
18. Other Additional Provisions Relating to the Minor Child(ren).
.
TEMPORARY SUPPORT
19. Temporary Alimony.
[Initial all that apply; write N/A if does not apply]
a. _____The court finds that there is a need for temporary alimony and that _____ Petitioner
_____ Respondent (hereinafter Obligor) has the present ability to pay alimony and shall pay
temporary alimony to ____ Petitioner ____ Respondent (hereinafter Obligee) in the amount
of $_________ per month, payable _____ in accordance with Obligor’s employer’s payroll
cycle, and in any event, at least once a month _____ other {explain}
beginning {date} _________________________. This alimony shall continue until modified by
court order, until a final judgment of dissolution of marriage is entered, until Obligee dies,
until this injunction expires, or until {date} _______________________, whichever occurs first.
b._____ Petitioner _____ Respondent shall be required to maintain health insurance coverage
for the other party. Any uncovered medical costs for the party awarded alimony shall be
assessed as follows:
.
c. ______Other provisions relating to alimony:
.
20. Temporary Child Support.
{Initial all that apply; write N/A if does not apply}
a. _____The Court finds that there is a need for temporary child support and that
_____ Petitioner _____ Respondent (hereinafter Obligor) has the present ability to pay child
support. The amounts in the Child Support Guidelines Worksheet, Florida Family Law Form
12.902(e), filed by _____ Petitioner _____ Respondent are correct OR the Court makes the
following findings:
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)
The Petitioner’s net monthly income is $ __________, (Child Support Guidelines %).
The Respondent’s net monthly income is $ _________, (Child Support Guidelines %).
Monthly child care costs are $ __________________.
Monthly health/dental insurance costs are $________________.
b. _____Amount. Obligor shall pay temporary child support in the amount of $ _,
per month payable _____ in accordance with Obligor’s employer’s payroll cycle, and in any
event at least once a month _____other {explain}:__________________________________
,
beginning {date} ___________________, and continuing until further order of
the court, or until {date/event} _________________________________________________,
{explain} .
If the child support ordered deviates from the guidelines by more than 5%, the factual
findings which support that deviation are:
c. _____ Petitioner _____ Respondent shall be required to maintain ____ health ____ dental
insurance coverage for the parties’ minor child(ren) so long as it is reasonable in cost and
accessible to the child(ren) OR ____ Health ____ dental insurance is either not reasonable
in cost or accessible to the child(ren) at this time.
d. _____Any reasonable and necessary uninsured medical/dental/prescription drug costs for
the minor child(ren) shall be assessed as follows: ___________________________________
.
e. _____Florida Supreme Court Approved Family Law Form 12.902(j), Notice of Social Security
Number, is incorporated herein by reference.
f. _____Other provisions relating to child support:
.
21. Method of Payment.
[Initial one only]
a.______ Obligor shall pay any temporary court-ordered child support/alimony through income
deduction, and such support shall be paid to either the State Disbursement Unit or the central
depository. Obligor is individually responsible for paying this support obligation in the event
that all or any portion of said support is not deducted from Obligor’s income. Obligor shall
also pay any service charge required by statute. Until child support/alimony payments are
deducted from Obligor’s paycheck pursuant to the Income Deduction Order, Obligor is
responsible for making timely payments directly to either the State Disbursement Unit or the
central depository.
b.______ Temporary child support/alimony shall be paid through either the State Disbursement
Unit or the central depository. Obligor shall also pay any service charge required by statute.
Income deduction is not in the best interests of the child(ren) because: {explain}
_______________________________________________________________________.
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.______ Other provisions relating to method of payment:
_______________________________________________________________________
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. This injunction is valid 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 warrant pursuant to section 901.15, Florida
Statutes, for any violation of its provisions, except those regarding child support and/or alimony,
which constitutes a criminal act under section 741.31, Florida Statutes. When inconsistent with
this order, any subsequent court order issued under Chapter 61 or Chapter 39, Florida
Statutes, shall take precedence over this order on all matters relating to property division,
alimony, parental responsibility, parenting plan, time-sharing, child custody, or child support.
2. 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.
3. Reporting alleged violations. If Respondent violates the terms of this injunction and there has
not been an arrest, Petitioner may contact the Clerk of the Circuit Court of the county in which
the violation occurred and complete an affidavit in support of the violation, or Petitioner may
contact the State Attorney’s office for assistance in filing an action for indirect civil contempt or
indirect criminal contempt. Upon receiving such a report, the State Attorney is hereby
appointed to prosecute such violations by indirect criminal contempt proceedings, or the State
Attorney may decide to file a criminal charge, if warranted by the evidence.
4. Respondent, upon service of this injunction, shall be deemed to have knowledge of and to be
bound by all matters occurring at the hearing and on the face of this injunction.
5. The temporary injunction, if any, entered in this case is extended until such time as service of
this injunction is effected upon Respondent.
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)
6. THIS IS A “CUSTODY ORDER” FOR PURPOSES OF THE UCCJEA AND ALL STATUTES MAKING IT A
CRIME TO INTERFERE WITH CUSTODY UNDER CHAPTER 787, FLORIDA STATUTES AND OTHER
SIMILAR STATUTES.
DONE AND ORDERED at __________________________, Florida, on .
__________________________________________
CIRCUIT JUDGE
Sheriff of _________________________County
Petitioner (or his or her attorney):
____ by U. S. Mail
____ by hand delivery in open court (Petitioner must acknowledge receipt in writing on the face of the
original order--see below.)
_____by e-mail to designated e-mail address(es)
Respondent (or his or her attorney):
___ _forwarded to sheriff for service
____ by hand delivery in open court (Respondent must acknowledge receipt in writing on the face of the
original order--see below.)
____ by certified mail (may only be used when Respondent is present at the hearing and Respondent
fails or refuses to acknowledge the receipt of a certified copy of this injunction.)
____ State Attorney’s Office
____ Batterer’s intervention program (if ordered)
___ _State Disbursement Unit (if ordered)
____Central Depository (if ordered)
____ Department of Revenue
____ Other __________________________________________________
I CERTIFY the foregoing is a true copy of the original Final Judgment of Injunction for Protection Against
Domestic Violence with Minor Child(ren) 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(d)(1), Final Judgment of Injunction for Protection
Against Domestic Violence with Minor Child(ren) (After Notice) (03/15)
ACKNOWLEDGMENT
I, {Name of Petitioner} , acknowledge receipt of a certified copy of this
Injunction for Protection.
Petitioner__________________________________________
ACKNOWLEDGMENT
I, {Name of Respondent} , acknowledge receipt of a certified
copy of this Injunction for Protection.
Respondent_________________________________________
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980d1 (Florida)

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Completed 22 July 2020

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