Fill in a Valid Florida Injunction Form

• The Florida Injunction form is specifically designed for individuals who wish to modify an existing injunction related to domestic, repeat, dating, or sexual violence, or stalking.

• Before submitting the form, it must be completed in black ink and signed in the presence of a notary public or the clerk of the circuit court.

• Filing the original form with the clerk in the same county where the original injunction was issued is essential. Always keep a copy for personal records.

• It is crucial to notify the other party about the motion and the hearing date. This notification must be done in a manner that ensures the other party is adequately informed.

• If the judge grants the modification request, a new injunction will be issued. Keeping a certified copy of this new injunction is vital for your protection.

1. Incomplete Information: Failing to fill out all required sections of the form can lead to delays. Each section must be completed thoroughly, including personal information and details regarding the injunction.

2. Missing Signatures: Neglecting to sign the form in front of a notary public or the clerk can render the document invalid. It is crucial to ensure that the signature is obtained before submission.

3. Improper Notification: Not properly notifying the other party about the motion and hearing can jeopardize the case. The method of service must be adequate to inform the other party, such as using certified mail or personal service.

4. Failure to Specify Changes: Not clearly stating the specific reasons for requesting modifications to the injunction can weaken the case. All relevant facts should be detailed to support the request for change.

5. Ignoring Deadlines: Submitting the motion for modification after the original injunction has expired can result in dismissal. It is essential to file the motion in a timely manner to ensure it is considered by the court.

Here are nine common misconceptions about the Florida Injunction form, along with clarifications to help you better understand the process:

• Misconception 1: You can modify an injunction at any time.

In reality, you must file your motion for modification before the existing injunction expires. Timing is crucial.

• Misconception 2: You don’t need to notify the other party about the motion.

Proper notification is essential. You must inform the other party about your motion and the scheduled hearing.

• Misconception 3: The court automatically grants modifications.

This is not true. A hearing will take place, and the judge will decide whether to grant your request based on the evidence presented.

• Misconception 4: You can submit the form in any color ink.

The form must be completed in black ink or typed. This is a specific requirement to ensure clarity and legibility.

• Misconception 5: You can serve documents by email without any formalities.

While email service is allowed, it must comply with specific rules. You need to follow the format requirements laid out in the Florida Rules of Judicial Administration.

• Misconception 6: You don’t need a notary public for your signature.

Signing the form in front of a notary public or the clerk of the circuit court is necessary to validate your submission.

• Misconception 7: You can skip the hearing if you submit the form.

Attending the hearing is mandatory. The court will not make changes without hearing from both parties involved.

• Misconception 8: All forms can be filed in person without restrictions.

Most documents must now be filed electronically, following the Florida Rules of Judicial Administration, unless specific exceptions apply.

• Misconception 9: You don’t need to provide reasons for the modification.

You must clearly state your reasons for requesting the modification. The judge needs to understand the basis for your request.

• Notice of Hearing: Similar to the Florida Injunction form, the Notice of Hearing (Florida Supreme Court Approved Family Law Form 12.923) serves to inform the other party about the scheduled court proceedings. Both documents require clear communication to ensure that all parties are aware of the hearings and can prepare accordingly.
• Request for Confidential Filing of Address: This form (Florida Supreme Court Approved Family Law Form 12.980(h)) is used when individuals fear for their safety and need to keep their address confidential. Like the Injunction form, it emphasizes the importance of protecting the safety of individuals involved in sensitive legal matters.
• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: The UCCJEA Affidavit (Florida Supreme Court Approved Family Law Form 12.902(d)) is necessary when modifications involve custody issues. Both forms require detailed information and documentation to ensure that the court has the necessary context to make informed decisions regarding family law matters.
• Family Law Financial Affidavit: This affidavit (Florida Family Law Rules of Procedure Form 12.902(b) or (c)) must be submitted when modifications involve financial support matters like alimony or child support. Similar to the Injunction form, it requires accurate disclosures to facilitate fair judicial outcomes.

How to Fill Out Florida Injunction

Filling out the Florida Injunction form can seem daunting, but breaking it down into manageable steps can make the process smoother. After completing the form, you will need to take further actions to ensure that your motion is properly filed and heard by the court. This includes notifying the other party and scheduling a hearing.

1. Obtain the Form: Access the Florida Supreme Court Approved Family Law Form 12.980(j) from the official court website or your local courthouse.
2. Type or Print: Fill out the form using black ink or type it to ensure clarity.
3. Identify Yourself: In Section I, indicate whether you are the Petitioner or Respondent and provide your current address and telephone number. If you are concerned about your safety, consider filing a Request for Confidential Filing of Address.
4. Provide New Information: In Section II, include any new information about the other party, such as their new address or employment details, if applicable.
5. Describe Case History: In Section III, detail any attempts made since the current injunction was issued and provide information about any other related court cases.
6. State Your Reasons: Clearly articulate why you are seeking to modify the injunction in Section III. Include specific reasons and relevant facts.
7. Request Specific Changes: In Section IV, specify how you wish the injunction to be modified. Be as detailed as possible to assist the court in understanding your request.
8. Sign the Form: Once you have completed the form, sign it in the presence of a notary public or the clerk of the circuit court.
9. File the Form: Submit the original form to the clerk in the county where the original petition was filed. Retain a copy for your records.

After filing the form, it is essential to schedule a hearing on your motion. You will need to notify the other party about the motion and the hearing date. This ensures that everyone involved is aware and can prepare accordingly. If you have questions about the process, the clerk's office can provide assistance.

What is the purpose of the Florida Injunction form?

The Florida Injunction form is used to request modifications to an existing injunction for protection against domestic violence, repeat violence, dating violence, sexual violence, or stalking. If you are a party involved in a previously entered injunction and need to change its terms, this form is the correct one to use. You will be referred to as the moving party in this process.

How do I complete and file the Florida Injunction form?

To complete the form, type or print it clearly in black ink. After filling it out, you must sign it in front of a notary public or the clerk of the circuit court. Once signed, file the original with the clerk in the county where the original petition was submitted, and keep a copy for your records. It’s important to file your motion for modification before the original injunction expires. If you have questions while completing the form, the clerk or family law intake staff can assist you.

What steps should I take after filing the form?

After filing your motion, you need to set a hearing date for your case. Notify the other party of this motion and the hearing. Check with the clerk of court for local procedures on scheduling a hearing. Once you have the date and time, file a Notice of Hearing using Florida Supreme Court Approved Family Law Form 12.923 or a similar form. Make sure to serve a copy of both your motion and the Notice of Hearing to the other party. You can do this through certified mail or personal service to ensure they receive proper notice.

What happens at the hearing for the modification of the injunction?

At the hearing, you will present your case for why the injunction should be modified. If the judge agrees with your request, they will prepare a new injunction that reflects the changes. After the judge signs this new injunction, the clerk will provide you with copies. It’s crucial to keep a certified copy of the new injunction with you at all times for your protection.

Where can I find additional resources or assistance?

For more information, start by reading the General Information for Self-Represented Litigants section that accompanies these forms. This section defines important terms and provides guidance. The clerk of the circuit court or family law intake staff can also assist you with completing necessary forms and answering any questions you may have regarding the process.

When dealing with legal matters related to injunctions in Florida, several forms may be necessary in addition to the Florida Injunction form. Each of these documents serves a specific purpose and is essential for the proper handling of your case.

• Notice of Hearing (General): This form is required to inform the other party of the scheduled hearing regarding your motion for modification. It must include the date, time, and location of the hearing. Proper service of this notice is crucial to ensure that the other party is aware of the proceedings.
• Request for Confidential Filing of Address: If you are concerned about your safety and believe that disclosing your address could put you in danger, this form allows you to keep your address confidential. It is particularly relevant for victims of domestic violence or stalking.
• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: This affidavit is necessary if your motion for modification involves issues of child custody. It provides the court with information about the child's residence history and any existing custody orders from other jurisdictions.
• Family Law Financial Affidavit: If your motion seeks modifications related to alimony or child support, this affidavit must be completed. It outlines your financial situation and helps the court assess the need for any adjustments to support obligations.

Understanding these forms and their purposes is critical for navigating the legal system effectively. Each document plays a vital role in ensuring that your case is heard and resolved appropriately.