In Re: Amendments to Florida Supreme Court Approved Family Law Forms 12.980(a), 12.980(f), 12.980(n), 12.980(q), and 12.980(t)

CourtSupreme Court of Florida
DecidedAugust 24, 2023
DocketSC2023-0919
StatusPublished

This text of In Re: Amendments to Florida Supreme Court Approved Family Law Forms 12.980(a), 12.980(f), 12.980(n), 12.980(q), and 12.980(t) (In Re: Amendments to Florida Supreme Court Approved Family Law Forms 12.980(a), 12.980(f), 12.980(n), 12.980(q), and 12.980(t)) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In Re: Amendments to Florida Supreme Court Approved Family Law Forms 12.980(a), 12.980(f), 12.980(n), 12.980(q), and 12.980(t), (Fla. 2023).

Opinion

Supreme Court of Florida ____________

No. SC2023-0919 ____________

IN RE: AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS 12.980(a), 12.980(f), 12.980(n), 12.980(q), AND 12.980(t).

August 24, 2023

PER CURIAM.

Pursuant to the procedures approved in Amendments to the

Florida Family Law Rules of Procedure & Family Law Forms, 810 So.

2d 1, 13-14 (Fla. 2000), this Court has internally reviewed the

Florida Supreme Court Approved Family Law Forms and has

determined that amendments to forms 12.980(a) (Petition for

Injunction for Protection Against Domestic Violence), 12.980(f)

(Petition for Injunction for Protection Against Repeat Violence),

12.980(n) (Petition for Injunction for Protection Against Dating

Violence), 12.980(q) (Petition for Injunction for Protection Against

Sexual Violence), and 12.980(t) (Petition for Injunction for

Protection Against Stalking) are needed. 1

1. We have jurisdiction. See art. V, § 2(a), Fla. Const. First, we add language to form 12.980(a) providing an

additional factor that the court must consider in determining

whether a petitioner of a domestic violence injunction is in

imminent danger in accordance with recent amendments to section

741.30(3)(b), Florida Statutes (2023). See ch. 2023-112, § 3, Laws

of Fla.

Additionally, in a recent amendment to the forms, references

to the deputy clerk were omitted from the notary block. It has been

determined that the reference to the deputy clerk in the notary

block is necessary and should be restored to forms 12.980(a),

12.980(f), 12.980(n), 12.980(q), and 12.980(t).

Finally, the instructions to these forms are amended to reflect

changes to Florida Rule of General Practice and Judicial

Administration 2.516 requiring self-represented litigants to serve

documents by e-mail unless in custody or excused by the clerk after

declaring a lack of e-mail account or regular internet access.

The forms are hereby amended as set forth in the appendix to

this opinion, fully engrossed. The amendments shall become

effective immediately and may be accessed and downloaded from

the Florida State Courts’ website at

-2- https://www.flcourts.gov/Resources-Services/Office-of-Family-

Courts/Family-Court-in-Florida/Family-Law-Forms. We direct that

the forms be published for comment. Interested persons shall have

seventy-five days from the date of this opinion to file comments with

the Court. 2

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Family Law Rules of Procedure

2. All comments must be filed with the Court on or before November 7, 2023, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Florida Courts E-Filing Portal (Portal). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment may be, but is not required to be, filed via the Portal. Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927; no additional copies are required or will be accepted.

-3- APPENDIX

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.980(a) PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE (08/23)

When should this form be used?

If you are a victim of any act of domestic violence or have reasonable cause to believe that you are in imminent danger of becoming a victim of domestic violence, you can use this form to ask the court for a protective order prohibiting domestic violence. 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. Domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to petitioner by any of petitioner’s family or household members. In determining whether you have reasonable cause to believe you are in imminent danger of becoming a victim of domestic violence, the court must consider all relevant factors alleged in the petition, including, but not limited to the following: 1. The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse. 2. Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner. 3. Whether the respondent has threatened to conceal, kidnap, or harm the petitioner’s child or children. 4. Whether the respondent has intentionally injured or killed a family pet. 5. Whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives. 6. Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement. 7. Whether the respondent has a criminal history involving violence or the threat of violence. 8. The existence of a verifiable order of protection issued previously or from another jurisdiction. 9. Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner. 10. Whether the respondent has or had engaged in a pattern of abusive, threatening, intimidating, or controlling behavior composed of a series of acts over a period of time, however short, which evidences a continuity of purpose and which reasonably causes the petitioner to believe that the petitioner or his or her minor child or children are in imminent danger of becoming victims of any act of domestic violence. 11. Whether the respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence.

The domestic violence laws only apply to your situation 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 children whether or not you have ever been married or ever lived together. With the

Instructions for Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection Against Domestic Violence (08/23) -4- exception of persons who have a child in common, the family or household members must be currently residing together or have in the past resided together in the same single dwelling unit.

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In Re: Amendments to Florida Supreme Court Approved Family Law Forms 12.980(a), 12.980(f), 12.980(n), 12.980(q), and 12.980(t), Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-florida-supreme-court-approved-family-law-forms-fla-2023.