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FORM 12.940(d),: INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED (Florida)

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.940(d),
MOTION TO MODIFY OR DISSOLVE TEMPORARY INJUNCTION (11/15)
When should this form be used?
If a temporary injunction, either ex parte or after a hearing, has been entered against you, you may use
this form to ask the court to modify or dissolve that injunction. This motion should not be used to
dissolve a Temporary Injunction for Protection Against Domestic Violence.
This form should be typed or printed in black ink. After completing this form, you should file the original
with the clerk of the circuit court in the county where the injunction was entered and keep a copy for
your records. You should ask the clerk to process your motion through their emergency procedures. A
hearing will be held within 5 working days. You should ask for the date and time of your hearing and
should file Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923 or
other appropriate notice of hearing form, and send a copy to the otherparty.
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 andfollowed.
What should I do next?
A copy of this form must be mailed, e-mailed, or hand delivered to the other party, along with a notice of
hearing.
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
Instructions for Florida Supreme Court Approved Family Law Form 12.940(d), Motion to Modify or Dissolve
Temporary Injunction (11/15)
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.
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. For further information, see chapter 61, Florida Statutes, and rule 1.610,
Florida Rules of Civil Procedure.
Special notes...
If parental responsibility or time-sharing of a minor child(ren) is at issue, you must also file the following,
if you have not already done so:
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme
Court Approved Family Law Form 12.902(d).
Order... These family law forms contain an Order Dissolving Temporary Injunction, Florida Supreme
Court Approved Family Law Form 12.940(e), which the judge may use. You should check with the clerk,
family law intake staff, or judicial assistant to see if you need to bring a blank order form with you to
the hearing. If so, you should type or print the heading, including the circuit, county, case number,
division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or
trial.
Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out
these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules
of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms
also must put his or her name, address, and telephone number on the bottom of the last page of every
form he or she helps you complete.
Instructions for Florida Supreme Court Approved Family Law Form 12.940(d), Motion to Modify or Dissolve
Temporary Injunction (11/15)
_____________________________________________________________________________________
_____________________________________________________________________________________
____________________________________________
_______
_____________________________________________
IN THE CIRCUIT COURT OF THE ______________________ JUDICIAL CIRCUIT,
IN AND FOR _______________________ COUNTY, FLORIDA
Case No.: _______________________________
Division: ________________________________
____________________________________,
Petitioner,
and
____________________________________,
Respondent.
MOTION TO MODIFY OR DISSOLVE TEMPORARY INJUNCTION
_____ Petitioner _____ Respondent requests the Court to enter an order _____ dissolving the temporary
injunction issued in the above styled case _____ modifying the temporary injunction issued in the above
styled case in the following manner: _______________________________________________________
I am the party against whom this temporary injunction has been granted and under rule 1.610, Florida
Rules of Civil Procedure, I request that a hearing be held within 5 days after the filing of this motion.
I certify that a copy of this document was ( ) e-mailed ( ) mailed ( ) faxed ( ) hand-delivered to
the person(s) listed below on {date}
___________________________________________________________.
Other party or his/her attorney:
Name: ______________________________________
Address: ____________________________________
City, State, Zip: _______________________________
Fax Number: _________________________________
Designated E-mail Address(es): __________________
Signature of Party
Printed Name: _________________________________
Address: ______________________________________
City, State, Zip: _________________________________
Fax Number: ___________________________________
Designated E-mail Address(es): ____________________
Florida Supreme Court Approved Family Law Form 12.940(d), Motion to Modify or Dissolve Temporary Injunction
(11/15)
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:
[fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent
This form was completed with the assistance of:
{name of individual} ____________________________________________________________________,
{name of business} _____________________________________________________________________,
{address} ____________________________________________________________________________,
{city} ______________, {state} _____, {zip code} ___________, {telephone number} ________________
Florida Supreme Court Approved Family Law Form 12.940(d), Motion to Modify or Dissolve Temporary Injunction
(11/15)
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FORM 12.940(d),: INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED (Florida)

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Completed 15 July 2021

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