Domestic Violence Protection Order (Florida) – Comprehensive Template
[FOR ATTORNEY USE ONLY – NOT A FINAL ORDER][// GUIDANCE: This template is drafted for use by licensed Florida attorneys when preparing a proposed “Injunction for Protection Against Domestic Violence” under Fla. Stat. § 741.30. It is NOT a substitute for mandatory Florida Supreme Court‐approved forms or local court rules. Always review current procedural forms (e.g., Form 12.980(a)) and tailor this draft to the specific circuit court’s formatting requirements before filing.]
TABLE OF CONTENTS
- I. Document Header
- II. Definitions
- III. Operative Provisions
- IV. Representations & Warranties
- V. Covenants & Restrictions
- VI. Default & Remedies
- VII. Risk Allocation
- VIII. Dispute Resolution
- IX. General Provisions
- X. Execution Block
- Exhibit A – Description of Protected Locations
- Exhibit B – Minor Children Schedule (if applicable)
I. DOCUMENT HEADER
IN THE CIRCUIT COURT OF THE [] JUDICIAL CIRCUIT
IN AND FOR [] COUNTY, FLORIDA
FAMILY LAW DIVISION
Case No. [_]
Division [_]
PETITIONER: [Full Legal Name],
v.
RESPONDENT: [Full Legal Name].
INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE
(“Domestic Violence Protection Order”)
-
Recitals
1.1. This matter came before the Court on [Date] upon Petitioner’s verified petition for injunction for protection against domestic violence pursuant to Fla. Stat. § 741.30.
1.2. The Court, having reviewed the pleadings, examined the parties under oath, and being otherwise fully advised in the premises, makes the findings and issues the orders set forth herein. -
Effective Date & Term
2.1. This Injunction is effective immediately upon issuance and shall remain in full force until [Expiration Date or “further order of this Court”]. -
Jurisdiction & Venue
3.1. This Court has subject-matter jurisdiction under Fla. Stat. § 26.012 and personal jurisdiction over Respondent pursuant to Fla. Stat. § 48.193.
3.2. Venue is proper in [___] County, Florida, where the domestic violence occurred and/or where the parties reside.
II. DEFINITIONS
For purposes of this Injunction, the following capitalized terms shall have the meanings set forth below:
“Court” – The Circuit Court of the [___] Judicial Circuit, Family Law Division.
“Domestic Violence” – As defined in Fla. Stat. § 741.28(2).
“Minor Children” – The parties’ children identified in Exhibit B.
“Petitioner” – The individual seeking protection, identified in the caption.
“Protected Locations” – The real property described in Exhibit A.
“Respondent” – The individual against whom protection is sought.
“Stay-Away Distance” – A minimum of [500 FT] from Petitioner, the Minor Children, and the Protected Locations, unless otherwise stated herein.
[// GUIDANCE: Modify “Stay-Away Distance” to comply with local practice or specific court directive.]
III. OPERATIVE PROVISIONS
3.1 No Contact. Respondent SHALL NOT, directly or indirectly, contact, threaten, stalk, harass, or otherwise communicate with Petitioner or Minor Children by any means, including electronic or third-party channels, except as expressly permitted in Section 5.2 (co-parenting communications).
3.2 Exclusive Use of Residence. Petitioner is granted exclusive occupancy of the shared residence located at [Address]. Respondent shall immediately vacate and remain away from said residence and all Protected Locations.
3.3 Stay-Away Order. Respondent shall maintain the Stay-Away Distance from:
(a) Petitioner’s person;
(b) Minor Children, except as allowed in Section 5.2; and
(c) Protected Locations listed in Exhibit A.
3.4 Firearm & Ammunition Surrender. Pursuant to Fla. Stat. § 790.233:
(a) Respondent shall surrender all firearms, ammunition, and concealed carry licenses to the [Law Enforcement Agency] within 24 hours of service of this Injunction.
(b) Respondent is prohibited from possessing, owning, or controlling firearms or ammunition while this Injunction remains in effect.
3.5 Temporary Support. [Optional] Respondent shall pay temporary child support of $[___] per [week/month] beginning [Date] in accordance with Fla. Stat. § 61.30. Payments shall be made through the State Disbursement Unit.
3.6 Temporary Parenting Plan. [If applicable] The temporary parenting schedule set forth in Exhibit B is incorporated herein and is enforceable as a court order. Exchanges shall occur at [Supervised Exchange Center/Police Substation] to ensure compliance with the Stay-Away Order.
3.7 Personal Property Retrieval. Respondent may retrieve personal belongings from the residence only once, on [Date/Time], in the presence of a law-enforcement officer.
3.8 Counseling / Batterers’ Intervention Program. Respondent is ORDERED to enroll in and successfully complete a certified Batterers’ Intervention Program within 30 days of this Injunction and shall file proof of enrollment and completion with the Clerk.
IV. REPRESENTATIONS & WARRANTIES
4.1 Petitioner’s Representations. Petitioner represents, under penalty of perjury, that:
(a) Domestic violence has occurred and/or Petitioner has reasonable cause to believe it is imminent;
(b) The information provided to the Court is true and correct to the best of Petitioner’s knowledge.
4.2 Respondent’s Acknowledgment. [Optional when agreed] Respondent acknowledges receipt of the Petition and waives formal reading of the allegations at the hearing held on [Date].
4.3 Survival. The representations set forth in this Section shall survive the entry and any modification of this Injunction.
V. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants of Respondent.
(a) Compliance. Respondent shall comply fully and promptly with all terms of this Injunction.
(b) Notice of Address Change. Respondent shall file any change of residential or mailing address with the Clerk within 48 hours.
5.2 Limited Co-Parenting Communications. Communications strictly concerning the welfare of Minor Children shall occur only via the court-approved parenting application “[APP NAME]” or such other channel ordered by the Court.
5.3 Negative Covenants. Respondent shall not:
(a) Use, attempt to use, or threaten to use physical force against Petitioner;
(b) Damage or attempt to damage Petitioner’s property;
(c) Violate any civil or criminal laws of the State of Florida.
VI. DEFAULT & REMEDIES
6.1 Events of Default. Any act or omission by Respondent that violates Sections 3 or 5 constitutes a Default under this Injunction.
6.2 Notice & Immediate Enforcement. No prior notice is required before law-enforcement officers may arrest Respondent for violation of this Injunction pursuant to Fla. Stat. § 901.15(6).
6.3 Graduated Remedies. In addition to arrest, the Court may impose:
(a) Criminal contempt sanctions;
(b) Civil contempt sanctions, including fines and incarceration;
(c) Extension or modification of this Injunction;
(d) Any other lawful remedy deemed appropriate.
6.4 Attorney’s Fees & Costs. The prevailing party in any enforcement proceeding may be awarded reasonable attorney’s fees and costs in the Court’s discretion.
VII. RISK ALLOCATION
[// GUIDANCE: Traditional indemnification and liability-cap clauses are not applicable to injunctions; however, this section confirms statutory immunity.]
7.1 Statutory Immunity. Law-enforcement agencies and their officers acting in good faith and without malice are immune from civil liability arising from enforcement of this Injunction in accordance with Fla. Stat. § 741.30(9)(b).
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Injunction shall be governed by and construed in accordance with the laws of the State of Florida.
8.2 Forum Selection. The Circuit Court of the [] Judicial Circuit, in and for [] County, retains exclusive jurisdiction over all matters arising under or relating to this Injunction.
8.3 Arbitration. Not applicable.
8.4 Jury Trial. Pursuant to Fla. Fam. L.R.P. 12.490, matters under this Injunction are non-jury in nature.
8.5 Injunctive Relief Preservation. Nothing herein shall restrict Petitioner’s right to seek additional injunctive or equitable relief as provided by law.
IX. GENERAL PROVISIONS
9.1 Amendment & Extension. Either party may move to modify, dissolve, or extend this Injunction pursuant to Fla. Stat. § 741.30(6)(b), upon duly noticed hearing.
9.2 Severability. Should any provision of this Injunction be deemed unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
9.3 Integration. This document, together with any exhibits, constitutes the entire Injunction; no oral statements or prior writings shall modify its terms.
9.4 Service & Entry. The Clerk shall furnish a certified copy of this Injunction to:
(a) Petitioner;
(b) Respondent (via personal service); and
(c) The designated law-enforcement agency for entry into the Florida Crime Information Center (FCIC), the National Crime Information Center (NCIC), and any other state or federal protection-order registries.
9.5 Electronic Signatures & Transmission. Consistent with Fla. R. Gen. Prac. & Jud. Admin. 2.515, this Injunction may be signed electronically by the presiding judge and transmitted electronically to the Clerk and law-enforcement agencies.
X. EXECUTION BLOCK
ORDERED AND ADJUDGED in [County], Florida, on this ___ day of [Month], 20___.
[Judge’s Name], Circuit Judge
[Judge’s Florida Bar No.]
Copies furnished to: Clerk of Court; Petitioner; Respondent; [Law Enforcement Agency]
Petitioner’s Acknowledgment
I ACKNOWLEDGE receipt of this Injunction and understand its terms. I agree to comply fully.
Signature: _____ Date: /__/_
Name: [__]
Respondent’s Receipt (For Service Only)
I ACKNOWLEDGE service of a certified copy of this Injunction.
Signature: _____ Date: //_
Name: [_]
Served by: [Deputy/Process Server] on _/_/__
[Notary or Deputy Clerk Block – as required]
EXHIBIT A
Description of Protected Locations
1. Petitioner’s Residence: [Full Address]
2. Petitioner’s Workplace: [Full Address]
3. Children’s School/Daycare: [Full Address]
4. Other Locations: [Specify]
EXHIBIT B
Minor Children Schedule (Temporary)
Child(ren): [List Names & DOBs]
1. Supervised Visitation: [Details]
2. Exchange Location: [Address]
3. Holiday Schedule: [Details]
[// GUIDANCE:
• DO NOT file this template verbatim. Adapt it to the facts, relief requested, and any standing administrative orders of the local circuit.
• Verify all statutory citations and procedural references against the most current Florida Session Laws and Florida Family Law Rules of Procedure.
• Consider concurrent criminal cases, immigration consequences, and federal firearm prohibitions (18 U.S.C. § 922(g)(8)).
• Attach law-enforcement information sheets or confidential address affidavits as required.]
© [Year] [Law Firm / Author]. All rights reserved.