Fill and Sign the Sexual Violence After Notice Form

Florida Supreme Court Approved Family Law Form 12.980(s), Final Judgment of Injunction for Protection Against Sexual Violence (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 SEXUAL VIOLENCE (AFTER NOTICE) The Petition for Injunction for Protection Against Sexual Violence under Section 784.046, Florida Statutes, and other papers filed in this Court have been reviewed. The Court has jurisdiction of the parties and the subject matter. 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. HEARINGThis cause came before the Court for a hearing to determine whether an Injunction for Protection Against Sexual Violence in this case should be: ____ issued ____ modified ____ extended.The hearing was attended by: ____Petitioner ____Petitioner’s Counsel ____Respondent ____Respondent’s CounselSECTION II. FINDINGSOn {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. Florida Supreme Court Approved Family Law Form 12.980(s), Final Judgment of Injunction for Protection Against Sexual Violence (After Notice) (03/15)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 sexual violence by Respondent and meets the requirements for an injunction established by law.SECTION III. INJUNCTION AND TERMSThis injunction shall be in full force and effect until ____ further order of the Court or ____ {date} __________________________. This injunction is valid and enforceable throughout all counties in 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. Willful violation of the terms of this injunction, such as refusing to vacate the dwelling which the parties share, going to Petitioner's residence, place of employment, school, or other place prohibited in this injunction, telephoning, contacting or communicating with Petitioner, if prohibited by this injunction, or committing an act of sexual 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.Any party violating this injunction shall be subject to civil or indirect criminal contempt proceedings, including the imposition of a fine or imprisonment, and also may be charged with a crime punishable by a fine, jail, or both, as provided by Florida Statutes. ORDERED and ADJUDGED:1. Violence Prohibited. Respondent shall not commit, or cause any other person to commit, any acts of violence against Petitioner, including assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death. 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 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. 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 residence {list address} ________________________________________________________________or any residence to which Petitioner may move; Petitioner’s current or any subsequent place of employment Florida Supreme Court Approved Family Law Form 12.980(s), Final Judgment of Injunction for Protection Against Sexual Violence (After Notice) (03/15){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:____________________________________________________________________________________________________________________________________________________________________________________________________________________________________ . {Initial if applies; write N/A if not applicable} b.____ Respondent may not knowingly come within 100 feet of Petitioner's automobile at any time. c. ____Other provisions regarding contact:____________________________________________ . 3.Firearms. {Initial all that apply; write N/A if does not apply} a.____Respondent shall not use or possess 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: ____________________________ . 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 sexual violence: _________________ _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________. Florida Supreme Court Approved Family Law Form 12.980(s), Final Judgment of Injunction for Protection Against Sexual Violence (After Notice) (03/15)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 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 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 a warrant pursuant to Section 901.15, Florida Statutes, for any violation of its provision, which constitutes a criminal act under Section 784.047, Florida Statutes.2. Should any Florida law enforcement officer having jurisdiction have probable cause to believe that Respondent has knowingly violated this injunction, the officer may arrest Respondent, confine him/her in the county jail without bail, and shall bring him/her before the Initial Appearance Judge on the next regular court day so that Respondent can be dealt with according to law. The arresting agent shall notify the State Attorney’s Office immediately after arrest. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES.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 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.DONE AND ORDERED in ___________________________, Florida on ____________________._____________________________________________CIRCUIT JUDGE Florida Supreme Court Approved Family Law Form 12.980(s), Final Judgment of Injunction for Protection Against Sexual Violence (After Notice) (03/15)COPIES TO:Sheriff of CountyPetitioner (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 addressRespondent (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____ Other __________________________________________________I CERTIFY the foregoing is a true copy of the original Final Judgment of Injunction for Protection Against Sexual Violence 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(s), Final Judgment of Injunction for Protection Against Sexual Violence (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