Fill and Sign the Petition Order Injunction Form

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.980(t) PETITION FOR INJUNCTION FOR PROTECTION AGAINST STALKING (11/15) When should this form be used? If you are a victim of stalking, you can use this form to ask the court for a protective order prohibiting stalking. Stalking means the repeated following, harassment, or cyberstalking of one person by another. Cyberstalk means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specifc person, causing substantial emotional distress to that person and serving no legitimate purpose. Because you are making a request to the court, you are called the petitioner . The person whom you are asking the court to protect you from is called the respondent . If you are under the age of eighteen and have never been married or had the disabilities of nonage removed by a court, and are living at home, one of your parents or your legal guardian must sign this petition on your behalf. The parent or legal guardian of any minor child who is living at home may seek an injunction for protection against stalking on behalf of the minor child. If the respondent is your spouse , former spouse, related to you by blood or marriage, living with you now or has lived with you in the past (if you are or were living as a family), or the other parent of your child(ren), whether or not you have ever been married or ever lived together, you may, instead, choose to use the Petition for Injunction for Protection Against Domestic Violence , Florida Supreme Court Approved Family Law Form 12.980(a), rather than this form. This form should be typed or printed in black ink. You should complete this form (giving as much detail as possible) and sign it the presence of a notary or in front of the clerk of the circuit court in one of the following: the circuit where you currently or temporarily reside; the circuit where the respondent resides; or the circuit where the stalking occurred. The clerk will take your completed petition to a judge . You should keep a copy for your records. If have any questions or need assistance completing this form, the clerk or family law intake staf will help you. There is no fling fee for a petition for protection against stalking. What should I do if the judge grants my petition? If the facts contained in your petition convince the judge that stalking or cyberstalking exists, the judge will sign a Temporary Injunction for Protection Instructions for Florida Supreme Court Approved Family Law Form 12.980(t), Petition for Injunction for Protection Against Stalking (11/15) Against Stalking , Florida Supreme Court Approved Family Law Form 12.980(u). A temporary injunction is issued without notice to the respondent. The clerk will give your petition , the temporary injunction, and any other papers fled with your petition to the sherif or other law enforcement ofcer for personal service on the respondent. The temporary injunction will take efect immediately after the respondent is served with a copy of it. It lasts until a hearing can be held or for a period of 15 days, whichever comes frst. The court may extend the temporary injunction beyond 15 days for a good reason, which may include failure to obtain service on the respondent. The temporary injunction is issued ex parte . This means that the judge has considered only the information presented by one side--YOU. Section I of the temporary injunction gives a date that you should appear in court for a hearing. You will be expected to testify about the facts in your petition. The respondent will be given the opportunity to testify at this hearing also. At the hearing, the judge will decide whether to issue a Final Judgment of Injunction for Protection Against Stalking (After Notice) , Florida Supreme Court Approved Family Law Form 12.980(v), which will remain in efect for a specifc time period or until modifed or dissolved by the court. If either you or the respondent do not appear at the hearing, the 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. You and the respondent will be bound by the terms of any injunction or order issued at the final hearing. IF EITHER YOU OR THE RESPONDENT DO NOT APPEAR AT THE FINAL HEARING, YOU WILL BOTH BE BOUND BY THE TERMS OF ANY INJUNCTION OR ORDER ISSUED IN THIS MATTER. If the judge signs a temporary or fnal injunction, the clerk will provide you with the necessary copies. Make sure that you keep one certified copy of the injunction with you at all times ! What can I do if the judge denies my petition or does not issue a Temporary Injunction? If your petition is denied, you may amend your petition by fling a Supplemental Affidavit in Support of Petition for Injunction for Protection , Florida Supreme Court Approved Family Law Form 12.980(g). If the only ground for not granting an ex parte temporary injunction is no appearance of immediate and present danger of stalking, the court shall set a full hearing on your petition for injunction at the earliest possible time. The respondent will be notifed by personal service of your petition and the hearing. You must attend the hearing, present facts, and bring evidence that supports your petition; failure to attend the hearing may result in dismissal of your petition. Instructions for Florida Supreme Court Approved Family Law Form 12.980(t), Petition for Injunction for Protection Against Stalking (11/15) 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. The words that are in bold underline are defned in that section. The clerk of the circuit court or family law intake staf will help you complete any necessary forms. For further information, see Section 784.0485, Florida Statutes, and Rule 12.610, Florida Family Law Rules of Procedure. IMPORTANT INFORMATION REGARDING E-FILING The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be fled 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 fle 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 fle. The rules and procedures should be carefully read and followed. IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION After the initial service of process of the petition or supplemental petition by the Sherif or certifed 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 fnd 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 Instructions for Florida Supreme Court Approved Family Law Form 12.980(t), Petition for Injunction for Protection Against Stalking (11/15) addresses by using the 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. Special Notes If you require that your address be confdential for safety reasons, you should complete a Request for Confidential Filing of Address , Florida Supreme Court Approved Family Law Form 12.980(h), and fle it with the clerk of the circuit. You should then write confdential in the space provided on the petition. Instructions for Florida Supreme Court Approved Family Law Form 12.980(t), Petition for Injunction for Protection Against Stalking (11/15) IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, IN AND FOR ______________ COUNTY, FLORIDA Case No.: Division: _________________ , Petitioner, and __________________ , Respondent. PETITION FOR INJUNCTION FOR PROTECTION AGAINST STALKING I, {full legal name} , being sworn, certify that the following statements are true: SECTION I. PETITIONER (This section is about you. It must be completed; however, if you require that your address be confidential for safety reasons, you should complete and fle a Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h), and write confdential in the space provided on this form for your address and telephone number.) 1. Petitioner resides at the following address: {address, city, state, zip code} . {Indicate if applicable} __ Petitioner seeks an injunction for protection on behalf of a minor child. Petitioner is the parent or legal guardian of {full legal name} ___________________ , a minor child who is living at home. 2. Petitioner's attorney's name, address, and telephone number is: . (If you do not have an attorney, write "none.") SECTION II. RESPONDENT (This section is about the person you want to be protected from. It must be completed.) 1. Respondent resides at the following address: {provide last known street address, city, state, and zip code} . Florida Supreme Court Approved Family Law Form 12.980(t), Petition for Injunction for Protection Against Stalking (11/15) 2. Respondent's last known place of employment: Employment address: Working hours of Respondent: ____________________________________________________ 3. Physical description of Respondent: Race: Sex: Male _ _ Female __ Date of Birth: _________________________ Height: Weight: _ Eye Color: Hair Color: Distinguishing marks and/or scars: Vehicle: (make/model)__________ Color:_________ Tag Number (if known) ________________ 4. Other names Respondent goes by ( aliases or nicknames ): ______________________________________________________________________________ . 5. Respondent's attorney’s name, address, and telephone number is: . (If you do not know whether Respondent has an attorney, write "unknown." If Respondent does not have an attorney, write "none.") SECTION III. CASE HISTORY AND REASON FOR SEEKING PETITION (This section must be completed.) 1. Has Petitioner ever received or tried to get an injunction for protection against stalking against Respondent in this or any other court? _ Yes _ No If yes, what happened in that case? {Include case number, if known} 2. Has Respondent ever received or tried to get an injunction for protection against stalking against Petitioner in this or any other court? _ Yes _ No If yes, what happened in that case? {Include case number, if known} 3. Describe any other court case that is either going on now or that happened in the past between Petitioner and Respondent {Include case number, if known} : ______________________________________________________________________________ . Florida Supreme Court Approved Family Law Form 12.980(t), Petition for Injunction for Protection Against Stalking (11/15) 4. Petitioner is a victim of stalking because Respondent has: {please mark all sections that apply} a. ____ Committed stalking; b._____Previously threatened, harassed, stalked, cyberstalked, or physically abused the Petitioner; c._____Threatened to harm Petitioner or family members or individuals closely associated with Petitioner; d.____ Intentionally injured or killed a family pet; e.____ Used, or threatened to use, against Petitioner any weapons such as guns or knives; f._____A criminal history involving violence or the threat or violence, if known; g.____ Another order of protection issued against him or her previously from another jurisdiction, if known; h.____ Destroyed personal property, including, but not limited to, telephones or other communication equipment, clothing, or other items belonging to Petitioner. 5. Below is a description of the specifc incidents of stalking or cyberstalking: {for cyberstalking, please include a description of all evidence of contacts and/or threats made by Respondent in voice messages, texts, emails, or other electronic communication} On {dates}_____________ the following incidents of stalking occurred at the following locations: {the locations may include, but need not be limited to, a home, school, or place of employment} . _____Please indicate here if you are attaching additional pages to continue these facts. 6. Additional Information ____Respondent owns, has, and/or is known to have guns or other weapons. Describe weapon(s) and where they may be located, if known: ___________________________ . SECTION IV. INJUNCTION {This section must be completed} 1. Petitioner asks the Court to enter a TEMPORARY INJUNCTION for protection against stalking that will be in place from now until the scheduled hearing in Florida Supreme Court Approved Family Law Form 12.980(t), Petition for Injunction for Protection Against Stalking (11/15) this matter, which will immediately restrain Respondent from committing any acts of stalking, and which will provide any terms the Court deems necessary for the protection of a victim of stalking, including any injunctions or directives to law enforcement agencies. 2. Petitioner asks the Court to enter, after a hearing has been held on this petition, a FINAL JUDGMENT for protection against stalking prohibiting Respondent from committing any acts of stalking against Petitioner and : a. prohibiting Respondent from going to or within 500 feet of any place Petitioner lives, or to any specifed place regularly frequented by Petitioner and any named family members or individuals closely associated with Petitioner; _________________________________________ ______________________________________________________________________________ . b. prohibiting Respondent from going to or within 500 feet of Petitioner’s place(s) of employment or the school that Petitioner attends; the address of Petitioner's place(s) of employment and/or school is: ; c. prohibiting Respondent from contacting Petitioner by telephone, mail, by e- mail, in writing, through another person, or in any other manner; d. ordering Respondent that he or she shall not have in his or her care, custody, possession, or control any frearm or ammunition; e. prohibiting Respondent from knowingly and intentionally going to or within 100 feet of Petitioner’s motor vehicle, whether or not that vehicle is occupied; 3. Petitioner asks the Court to enter any other terms it deems necessary to protect Petitioner from stalking by Respondent. I UNDERSTAND THAT BY FILING THIS PETITION, I AM ASKING THE COURT TO HOLD A HEARING ON THIS PETITION, THAT BOTH THE RESPONDENT AND I WILL BE NOTIFIED OF THE HEARING, AND THAT I MUST APPEAR AT THE HEARING. I UNDERSTAND THAT IF EITHER THE RESPONDENT OR I FAIL TO APPEAR AT THE FINAL HEARING, WE WILL BE BOUND BY THE TERMS OF ANY INJUNCTION OR ORDER ISSUED AT THAT HEARING. I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. Florida Supreme Court Approved Family Law Form 12.980(t), Petition for Injunction for Protection Against Stalking (11/15) Dated: ____ ____________________________________________ Signature of Petitioner Printed Name: Address: City, State, Zip: Telephone Number: Designated E-Mail Address(es);__________________ __________________________________________ STATE OF FLORIDA COUNTY OF Sworn to or afrmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK {Print, type, or stamp commissioned name of notary or clerk.} __ Personally known __ Produced identifcation Type of identifcation produced Florida Supreme Court Approved Family Law Form 12.980(t), Petition for Injunction for Protection Against Stalking (11/15)