Fill and Sign the Temporary Injunction for Protection Against Sexual Violence Florida 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 SEXUAL VIOLENCE The Petition for Injunction for Protection Against Sexual Violence under Section 784.046, 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 Sexual Violence has been issued without notice to Respondent, the 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 to issue a Final Judgment of Injunction for Protection Against Sexual Violence, 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 {room name/number, location, address, city} ____________________________________________________________________________, 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. Petitioner and Respondent will be bound by the terms of any injunction or order issued at the fnal hearing. All witnesses and evidence, if any, must be presented at Florida Supreme Court Approved Family Law Form 12.980(r), Temporary Injunction for Protection Against Sexual Violence (03/15) this time. 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. c.____ neither electronic recording nor court reporting services are 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 784.046, Florida Statutes, applies to the parties, that Petitioner is a victim of sexual violence by Respondent and meets the requirements for an injunction established by law. SECTION III. TEMPORARY INJUNCTION AND TERMS This injunction shall be efective until the hearing set above and in no Florida Supreme Court Approved Family Law Form 12.980(r), Temporary Injunction for Protection Against Sexual Violence (03/15) event for longer than 15 days, unless extended by court order or unless the Respondent is incarcerated, and if incarcerated, shall be efective for 15 days following the date Respondent is released from incarceration. If a final order of injunction is issued, the terms of this temporary injunction will be extended until service of the final 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 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 may 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 ofense 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 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. 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 {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: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Florida Supreme Court Approved Family Law Form 12.980(r), Temporary Injunction for Protection Against Sexual Violence (03/15) {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 frearm or ammunition. b.____Respondent shall surrender any frearms and ammunition in Respondent's possession to the ____________________County Sherif's Department. c. ____Other directives relating to frearms 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 by mail shall be complete upon mailing or e-mailing. 5. Additional order(s) necessary to protect Petitioner from sexual violence: ___________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ . 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 Florida Supreme Court Approved Family Law Form 12.980(r), Temporary Injunction for Protection Against Sexual Violence (03/15) 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 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 784.047, Florida Statutes. 3. Should any Florida law enforcement ofcer having jurisdiction have probable cause to believe that Respondent has knowingly violated this injunction, the ofcer may arrest Respondent, confne 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 Ofce 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. 4. 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 afdavit in support of the violation or Petitioner may contact the State Attorney’s ofce for assistance in fling 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 contempt proceedings, or the State Attorney may decide to fle a criminal charge, if warranted by the evidence. DONE AND ORDERED in ________________________, Florida on ______________________. __________________________________________ CIRCUIT JUDGE Florida Supreme Court Approved Family Law Form 12.980(r), Temporary Injunction for Protection Against Sexual Violence (03/15) 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 designated e-mail address(es) Respondent: __ forwarded to sherif for service ____ State Attorney’s Ofce __ Other: ________________________ I CERTIFY the foregoing is a true copy of the original Temporary Injunction for Protection Against Sexual Violence 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(r), Temporary Injunction for Protection Against Sexual Violence (03/15)