In Re: Amendments to the Florida Supreme Court Approved Family Law Forms—12.980(a), 12.980(f), 12.980(g), 12.980(i), 12.980(j), 12.980(n), 12.980(q), 12.980(t), and 12.980(w)

CourtSupreme Court of Florida
DecidedJune 20, 2024
DocketSC2024-0802
StatusPublished

This text of In Re: Amendments to the Florida Supreme Court Approved Family Law Forms—12.980(a), 12.980(f), 12.980(g), 12.980(i), 12.980(j), 12.980(n), 12.980(q), 12.980(t), and 12.980(w) (In Re: Amendments to the Florida Supreme Court Approved Family Law Forms—12.980(a), 12.980(f), 12.980(g), 12.980(i), 12.980(j), 12.980(n), 12.980(q), 12.980(t), and 12.980(w)) 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 the Florida Supreme Court Approved Family Law Forms—12.980(a), 12.980(f), 12.980(g), 12.980(i), 12.980(j), 12.980(n), 12.980(q), 12.980(t), and 12.980(w), (Fla. 2024).

Opinion

Supreme Court of Florida ____________

No. SC2024-0802 ____________

IN RE: AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS—12.980(a), 12.980(f), 12.980(g), 12.980(i), 12.980(j), 12.980(n), 12.980(q), 12.980(t), and 12.980(w).

June 20, 2024

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 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(g)

(Supplemental Affidavit in Support of Petition for Injunction for

Protection Against Domestic, Repeat, Dating, or Sexual Violence, or

Stalking), 12.980(i) (Motion for Extension of Injunction for

Protection Against Domestic, Repeat, Dating, or Sexual Violence, or Stalking), 12.980(j) (Motion for Modification of Injunction for

Protection Against Domestic, Repeat, Dating, or Sexual Violence, or

Stalking), 12.980(n) (Petition for Injunction for Protection Against

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

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

Protection Against Stalking), and 12.980(w) (Petition by Affidavit for

Order to Show Cause for a Violation of Final Judgment of

Injunction for Protection Against Domestic, Repeat, Dating, or

Sexual Violence, or Stalking) are needed.1 Input was received from

the Advisory Workgroup on the Florida Supreme Court Approved

Family Law Forms, which conducted an expedited review of the

forms due to recent changes in Florida law.

We amend the forms’ verification requirements by removing

language requiring a notary in accordance with amendments to

sections 741.30, 784.046, and 784.0485, Florida Statutes (2023).

See ch. 2024-152, Laws of Fla. Other changes are also made to

improve clarity and promote consistency across the forms.

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.

-2- The amended forms are hereby adopted as set forth in the

appendix to this opinion, fully engrossed. The amended forms shall

become effective on July 1, 2024, at 12:01 a.m. and may be

accessed and downloaded from the Florida State Courts’ website at

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.

2. All comments must be filed with the Court on or before September 3, 2024, 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- Original Proceeding – Florida Family Law Rules of Procedure

-4- Appendix

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.980(a) PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE (06/24)

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 defined in that section. The clerk of the circuit court or family law intake staff can help you complete any necessary domestic violence forms and can give you information about local domestic violence victim assistance programs, shelters, and other related services. You may also call the Domestic Violence Hotline at 1-800-500-1119. For further information, see Chapter 741, Florida Statutes, and Rule 12.610, Florida Family Law Rules of Procedure.

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.

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In Re: Amendments to the Florida Supreme Court Approved Family Law Forms—12.980(a), 12.980(f), 12.980(g), 12.980(i), 12.980(j), 12.980(n), 12.980(q), 12.980(t), and 12.980(w), Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-the-florida-supreme-court-approved-family-law-fla-2024.