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Understanding Florida Injunction

  1. What is the purpose of the Florida Injunction form?

    This form is used when an individual wants to request changes to an existing injunction for protection against domestic, repeat, dating, or sexual violence, or stalking. If you are a party to a previously issued injunction and believe that modifications are necessary, this is the appropriate form to use.

  2. Who is considered the moving party?

    The person filing the motion to modify the injunction is referred to as the moving party. This individual is seeking changes to the terms of the existing injunction.

  3. What steps should I take after completing the form?

    After filling out the form, you must sign it in front of a notary public or the clerk of the circuit court. Then, file the original document with the clerk in the county where the original injunction was issued. It’s also wise to keep a copy for your records.

  4. How do I schedule a hearing for my motion?

    To proceed with your case, you need to set a hearing date for your motion. This involves notifying the other party of the motion and the scheduled hearing. You should consult the clerk of court for local procedures on how to schedule the hearing. Once you have a date, file a Notice of Hearing using the appropriate form.

  5. What if I cannot reach the other party?

    If you are unable to notify the other party personally, consider using certified mail with return receipt requested or having the motion served by a process server. It’s crucial to ensure that the other party is adequately informed about the motion and hearing.

  6. What happens at the hearing?

    You must attend the hearing on your motion for modification. If the judge agrees with your request, they will issue a new injunction that reflects the changes you sought. After the judge signs the new injunction, the clerk will provide you with copies. Keeping a certified copy of the new injunction is essential.

  7. What if I need assistance with the form?

    If you have questions or need help completing the form, the clerk of the circuit court or family law intake staff can assist you. They are available to provide guidance on the necessary forms and procedures.

  8. Are there any specific requirements for modifying an injunction related to domestic violence?

    If the injunction you are modifying involves domestic violence and you wish to change alimony, child support, or time-sharing arrangements, you must demonstrate a change in circumstances that justifies these modifications.

  9. Can I file electronically?

    Yes, the Florida Rules of Judicial Administration now require electronic filing for most documents. While self-represented litigants can file electronically, it is not mandatory. If you choose to do so, ensure compliance with the relevant rules and procedures for your judicial circuit.

Common mistakes

  1. Incomplete Information: Failing to fill out all required sections can lead to delays. Each part of the form must be completed accurately to avoid complications.

  2. Incorrect Filing: Submitting the form to the wrong court or county can result in rejection. Always file in the same location where the original injunction was issued.

  3. Improper Notification: Not notifying the other party correctly can hinder your case. Ensure that the other party receives proper notice of your motion and hearing date.

  4. Missing Signature: Forgetting to sign the form can invalidate your request. Always sign in front of a notary public or clerk before filing.

  5. Neglecting to Attach Documents: Failing to include necessary supporting documents can weaken your case. Attach all relevant forms, like the UCCJEA Affidavit if applicable.

How to Use Florida Injunction

Completing the Florida Injunction form requires careful attention to detail. After filling out the form, you will need to take further steps to ensure your case proceeds smoothly. This includes setting a hearing date and properly notifying the other party about your motion.

  1. Begin by filling out the header section of the form. Include the name of the judicial circuit and the county where you are filing.
  2. Enter your case number and division number, if applicable.
  3. Identify yourself as either the Petitioner or Respondent by checking the appropriate box.
  4. Provide your full legal name in the designated space.
  5. Complete the section for your address. If you fear for your safety, consider filing a Request for Confidential Filing of Address.
  6. List your telephone number in the provided space.
  7. If you have an attorney, include their name, address, and telephone number. If not, write "none."
  8. In the "New Information" section, provide any updated details about the other party, such as their address or employment, if known.
  9. Describe any attempts made since the current injunction was issued to obtain another injunction in any court.
  10. Detail any other court cases involving you and the other party since the current injunction was issued, including case numbers if available.
  11. Clearly state your reasons for seeking a modification of the injunction in the section provided.
  12. If necessary, indicate if you are attaching additional pages to continue your explanation.
  13. In the "Requested Relief" section, explain how you would like the injunction to be modified.
  14. Sign the form in front of a notary public or the clerk of the circuit court.
  15. File the original form with the clerk in the county where the original petition was filed and keep a copy for your records.

Once you have completed the form and filed it, the next step involves setting a hearing date for your motion. You will need to notify the other party about this hearing, ensuring they receive adequate notice. This is crucial for the court to consider your motion effectively.

File Specs

Fact Name Fact Description
Purpose of the Form This form is used to request modifications to an existing injunction for protection against domestic, repeat, dating, or sexual violence, or stalking.
Who Can Use It Only parties involved in a previously entered injunction can use this form to modify its terms.
Filing Requirements The completed form must be signed before a notary public or the clerk of the circuit court and filed with the original petition's county clerk.
Notification Process The moving party must notify the other party of the motion and hearing. Proper service methods include certified mail or personal service.
Hearing Requirement A hearing must be scheduled for the motion to proceed. The moving party must attend this hearing.
Modification Criteria To modify an injunction related to domestic violence, the moving party must show a change in circumstances, as required by Florida Statutes Chapter 61 or Chapter 741.
Governing Law This form is governed by the Florida Family Law Rules of Procedure and relevant Florida Statutes, including Chapter 61 and Chapter 741.