Instructions for Florida Supreme Court Approved Family Law Form

Instructions for Florida Supreme Court Approved Family Law Form 12.980(_),Petition by Affidavit for Rule to Show Cause for a

Violation of Final Judgment of Injunction for Protection Against Domestic Violence Repeat Violence or Dating Violence (DATE)

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM

12.980(_),

PETITION BY AFFIDAVIT FOR RULE TO SHOW CAUSE FOR A VIOLATION OF FINAL

JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE, REPEAT

VIOLENCE OR DATING VIOLENCE

When should this form be used?

You may use this form if you have a valid Final Judgment of Injunction for Protection Against

Domestic Violence Repeat Violence or Dating Violence in force which has been violated. You

should use this affidavit to state the essential facts which establish a violation of the Final Judgment of

Injunction.

This form should be typed or printed in black ink. After completing this form, you should sign the form

before a notary public or the clerk of the circuit court. You should then file the original with such

clerk or judge as determined by the chief judge of your circuit to be the recipient of affidavits of violation,

provide a copy to the state attorney of that circuit and keep a copy for your records.

Florida Supreme Court Approved Family Law Form 12.980(_), Petition By Affidavit for Rule to Show Cause for a Violation of Final

Judgment of Injunction for Protection Against Domestic Violence Repeat Violence or Dating Violence (date)

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,

IN AND FOR COUNTY, FLORIDA

Case No.:

Division:

,

Petitioner,

and

,

Respondent.

PETITION BY AFFIDAVIT FOR RULE TO SHOW CAUSE FOR A VIOLATION OF

FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST

( ) DOMESTIC VIOLENCE ( ) REPEAT VIOLENCE ( ) DATING VIOLENCE

I, {full legal name} , being sworn, certify that

I have actual knowledge of the following facts as set forth and the following statements are true:

1.

The Court has previously issued [ / one only]

a. Final Judgment of Injunction for Protection Against Domestic Violence

b. Final Judgment of Injunction for Protection Against Repeat Violence

c. Final Judgment of Injunction for Protection Against Dating Violence

in this case on the ___ day of ____________________, _____.

2.

The Final Judgment of Injunction for Protection was served on the Respondent on the day of

, .

3. On {date} , at {place and address}

,

the following event(s) took place:

Florida Supreme Court Approved Family Law Form 12.980(_), Petition By Affidavit for Rule to Show Cause for a Violation of Final

Judgment of Injunction for Protection Against Domestic Violence Repeat Violence or Dating Violence (date)

9 Check here if you are attaching additional pages to continue these facts.

4. The Respondent has willfully violated the Injunction by (explain what the Respondent did that violated

the Order of Protection.)

9 Check here if you are attaching additional pages to continue these facts.

5. Check here if you are attaching copies of medical records for treatment you may have

received for injuries referred to in your affidavit, or copies of any police or sheriff reports

concerning incidents of violence involving you and Respondent.

6. The Respondent acted to impair, interfere with, delay, hinder, lessen the authority of, dignity of, and

embarrass the cause of justice in a manner contemptuous of this court.

WHEREFORE, I respectfully request that the Court issue an Order to Show Cause, requiring the

Respondent to appear before the Court to show cause why the Respondent should not be held in contempt

of court for failure to abide by the terms and conditions of the Final Judgment for Protection.

I understand that by filing this affidavit, I am asking the court to hold a hearing, that both

Respondent and I will be notified of the hearing, and that I must appear at the hearing. In addition

to my own testimony, I understand that I can bring other proof of the violation such as, for example,

people who saw the Respondent violate the order, pictures, medical records, police reports, or

anything that might help show the judge how the Respondent violated the Final Judgment of

Injunction for Protection.

I have read every statement made in this affidavit and each statement is true and correct.

I understand that the statements made in this affidavit are being made under penalty of perjury,

punishable as provided in Section 837.02, Florida Statutes and that the punishment for knowingly

making a false statement includes fines and/or imprisonment.

Florida Supreme Court Approved Family Law Form 12.980(_), Petition By Affidavit for Rule to Show Cause for a Violation of Final

Judgment of Injunction for Protection Against Domestic Violence Repeat Violence or Dating Violence (date)

Dated:

Signature of Petitioner

STATE OF FLORIDA

COUNTY OF

Sworn to or affirmed and signed before me on by .

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or

clerk.]

Personally known

Produced identification

Type of identification produced

I certify that a copy of this document was [ / one only] ( ) mailed ( ) faxed and mailed ( ) hand

delivered to the person(s) listed below on {date} .

Respondent or his/her attorney:

Name:

Address:

City, State, Zip:

Fax Number:

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE

BLANKS BELOW: [ N fill in all blanks]

I, {full legal name and trade name of nonlawyer} ,

a nonlawyer, located at {street} , {city} ,

{state} , {phone} , helped {name} ,

[ / one only] ( ) Husband ( ) Wife or ( ) both, fill out this form.

Florida Supreme Court Approved Family Law Form 12.908(_), Order to Show Cause (date)

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,

IN AND FOR COUNTY, FLORIDA

Case No.:

Division:

,

Petitioner,

and

,

Respondent.

Description of Respondent:

Sex: Eye color:

Race: Hair color:

Height: Last known address:

Weight:

DOB:

ORDER TO SHOW CAUSE

This cause comes before the court for review based upon the alleged conduct of the Respondent for

the issuance of an Order to Show Cause directed to {name}

for violation of the Final Judgment of Injunction for Protection as is more specifically set forth in the

Petition By Affidavit For Rule To Show Cause For a Violation Of Final Judgment Of Injunction For

Protection, a copy of which is attached hereto and made a part hereof.

NOW, THEREFORE, you,{name} , are hereby ORDERED

to appear before this court before Judge {name} ,

on {date}

, at {time} m., in Room of the

Courthouse, located at ___________________________, to show cause why you should not be held in

contempt of this court for violation of the Final Judgment of Injunction for Protection as is stated in the

attached Petition By Affidavit For Rule To Show Cause For a Violation Of Final Judgment Of

Injunction For Protection.

Respondent is advised that he/she is entitled to be represented by counsel, to have compulsory

process for attendance of witnesses, and to testify in his/her own behalf. All issues of law and fact shall be

determined by the judge. Respondent may be arraigned at the time of the hearing or prior thereto at

Respondent’s request.

IT IS FURTHER ORDERED that the Sheriff of this county serve this Order to Show Cause by

delivering copies to the Respondent, with proof of Sheriff’s service.

ORDERED in ______________ County, Florida, on {date} .

Florida Supreme Court Approved Family Law Form 12.908(_), Order to Show Cause (date)

_____________________

Judge

Copies to:

_____ State Attorney

_____ Petitioner or Counsel for Petitioner

_____ Respondent or Counsel for Respondent