Domestic Violence Protection Order - Florida

Before use: This proposed injunction requires a judge's signature and court entry. Use the court's current Florida Supreme Court Approved Family Law Form 12.980(c)(1) or (c)(2) for a temporary order, or 12.980(d)(1) or (d)(2) for a final order, according to whether minor children are involved. Complete only the relief and findings the court grants.

TABLE OF CONTENTS

1. I. Document Header
2. II. Definitions
3. III. Operative Provisions
4. IV. Representations & Warranties
5. V. Covenants & Restrictions
6. VI. Default & Remedies
7. VII. Risk Allocation
8. VIII. Dispute Resolution
9. IX. General Provisions
10. X. Execution Block
11. Exhibit A – Description of Protected Locations
12. 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”)

1. 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.

2. Effective Date & Term
   2.1. This Injunction is effective upon issuance. Select the applicable order type and term:
   ☐ Ex parte temporary injunction: expires on [DATE] at [TIME], no later than 15 days after issuance, unless the Court extends it for a continued hearing under Fla. Stat. § 741.30(5)(c).
   ☐ Final injunction after notice and hearing: its protective terms remain effective until the Court modifies or dissolves them under Fla. Stat. § 741.30(6)(c).

3. 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. The petition was filed in this circuit because [Petitioner currently or temporarily resides here / Respondent resides here / the domestic violence occurred here].
   3.3. The Court had jurisdiction over the parties and matter under Florida law. Respondent received reasonable notice and an opportunity to be heard sufficient to protect Respondent's due process rights: [findings]. Date Respondent was served with the [temporary/final] order, if obtainable: [date / not obtainable].

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.

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.
(a) ☐ The Court expressly orders Respondent to surrender [firearms / ammunition / identified items: __________] to [agency: __________] by [date and time: __________], and to file proof of surrender by [date: __________]. Refusal to surrender firearms or ammunition when ordered by the Court is addressed by Fla. Stat. § 741.31(4)(a)8.
(b) ☐ This is a final injunction currently in force. The firearm and ammunition restriction in Fla. Stat. § 790.233(1) applies, subject to that statute's exceptions. This paragraph does not apply § 790.233's automatic final-injunction restriction to a temporary injunction.

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. ☐ The Court orders Respondent to enroll by [date: __________] in a certified Batterers’ Intervention Program selected from the list provided by the Court or its designee under Fla. Stat. § 741.30(6)(a)6. Respondent shall file proof of enrollment by [date: __________], complete the program according to its approved schedule or a separate court-set deadline [__________], and file proof of completion by [date: __________].

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 Statewide Enforcement. This injunction is valid and enforceable in all counties of the State of Florida. Law enforcement officers may use their arrest powers under Fla. Stat. § 901.15(6) to enforce its terms when the statutory probable-cause conditions are met.

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. If a person suffers injury or loss from a violation of this injunction, the court that issued it may award economic damages for that injury or loss under Fla. Stat. § 741.31(6). Those damages may include costs and attorney’s fees for enforcement of the injunction.

VII. RISK ALLOCATION

7.1 Statutory Immunity. Pursuant to Fla. Stat. § 741.29(6), a law enforcement officer may not be held liable, in any civil action, for an arrest based on probable cause, enforcement in good faith of a court order, or service of process in good faith under chapter 741 arising from an alleged incident of domestic violence.

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 Modification. Either party may move the court to modify or dissolve this Injunction at any time under Fla. Stat. § 741.30(10). This order does not limit enforcement in any Florida county.

8.3 Arbitration. Not applicable.

8.4 Jury Trial. Proceedings for an injunction for protection against domestic violence are governed by Fla. Fam. L.R.P. 12.610 and are equitable in nature, heard and determined by the court without a jury.

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 at any time to modify or dissolve this Injunction pursuant to Fla. Stat. § 741.30(6)(c) and § 741.30(10); no specific allegations are required. A motion to extend a fixed-term injunction should be filed before its expiration.

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. 2.345, a document in the official court file that purports to be signed by the presiding judge is presumed authentic; 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 a copy of this Injunction.

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]

© [Year] [Law Firm / Author]. All rights reserved.