Fill and Sign the Order Show Cause 497303120 Form

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 fled 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 efect until modifed 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 fnal hearing. Florida Supreme Court Approved Family Law Form 12.980(u), Temporary Injunction for Protection Against Stalking (03/15) 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. 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 efect until the hearing set above and in no event for longer than 15 days, unless extended by court order. If a fnal order of injunction is issued, the terms of this temporary injunction will be extended until service of the fnal injunction is efected 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 Florida Supreme Court Approved Family Law Form 12.980(u), Temporary Injunction for Protection Against Stalking (03/15) 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 party is specifcally allowed by this injunction; defacing or destroying Petitioner’s personal property, including Petitioner’s motor vehicle; or refusing to surrender frearms or ammunition if ordered to so by the Court, constitutes a misdemeanor of the frst 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 fne or imprisonment, and also may be charged with a crime punishable by a fne, 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 ofense 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} ________________________________________________________________________ Florida Supreme Court Approved Family Law Form 12.980(u), Temporary Injunction for Protection Against Stalking (03/15) d. where Petitioner attends school {list address of school} ______________________________________________________________________; or e. the following other places (if requested by Petitioner) where Petitioner, specifc members of Petitioner’s family, or individuals closely associated with Petitioner, regularly frequent: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ . 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 ofcer, as defned in section 943.10(14), Florida Statutes, who holds an active certifcation, who receives or possesses a frearm or ammunition for use in performing ofcial duties on behalf of the ofcer’s employing agency, and is not prohibited by the court from having in his or her care, possession, or control any frearm or ammunition. b. ____Respondent shall not use or possess a frearm or ammunition. c. ____Respondent shall surrender any frearms and ammunition in the Respondent's possession to the___________________ County Sherif's Department. d. _____Other directives relating to frearms and ammunition:_________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________. Florida Supreme Court Approved Family Law Form 12.980(u), Temporary Injunction for Protection Against Stalking (03/15) 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: ____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________. 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 Sherif of ___________________County, or any other authorized law enforcement ofcer, 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 ofcers 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. Florida Supreme Court Approved Family Law Form 12.980(u), Temporary Injunction for Protection Against Stalking (03/15) 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 Ofce 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 afdavit in support of reporting the violation or direct Petitioner to the ofce 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 afdavit in support of the violation. The afdavit shall be immediately forwarded by the ofce assisting Petitioner to the state attorney of that circuit and to the judge designated by the chief judge as the recipient of afdavits 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 COPIES TO: Sherif of ________ County Petitioner (or his or her attorney): __ by U. S. Mail __ by hand delivery in open court _____ by e-mail to a designated e-mail address Respondent: __ forwarded to sherif for service ____ State Attorney’s Ofce __ Other: ________________________ Florida Supreme Court Approved Family Law Form 12.980(u), Temporary Injunction for Protection Against Stalking (03/15) I CERTIFY the foregoing is a true copy of the original Temporary Injunction for Protection Against Stalking as it appears on fle in the ofce 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(u), Temporary Injunction for Protection Against Stalking (03/15)