RULE 12.610. INJUNCTIONS FOR PROTECTION AGAINST
DOMESTIC, REPEAT, DATING, AND SEXUAL
VIOLENCE, AND STALKING

(a) Application. This rule shall apply only to temporary and
permanent injunctions for protection against domestic violence and
temporary and permanent injunctions for protection against repeat
violence, dating violence, or sexual violence, and stalking. All other
injunctive relief sought in cases to which the Family Law Rules
apply shall be governed by Florida Rule of Civil Procedure 1.610.

(b) Petitions.

(1) Requirements for Use.

(A) Domestic Violence. Any person may file a
petition for an injunction for protection against domestic violence as
provided by law.

(B) Repeat Violence. Any person may file a
petition for an injunction for protection against repeat violence as
provided by law.

(C) Dating Violence. Any person may file a
petition for an injunction for protection against dating violence as
provided by law.
(D) Sexual Violence. Any person may file a
petition for an injunction for protection against sexual violence as
provided by law.

(E) Stalking. Any person may file a petition for an
injunction for protection against stalking as provided by law.

(2) Service of Petitions.

(A) Domestic Violence. Personal service by a law
enforcement agency is required. The clerk of the court shall furnish
a copy of the petition for an injunction for protection against
domestic violence, financial affidavit (if support is sought), Uniform
Child Custody Jurisdiction and Enforcement Act affidavit (if
custody is sought), temporary injunction (if one has been entered),
and notice of hearing to the appropriate sheriff or law enforcement
agency of the county where the respondent resides or can be found
for expeditious service of process.

(B) Repeat Violence, Dating Violence, Sexual
Violence and Stalking. Personal service by a law enforcement
agency is required. The clerk of the court shall furnish a copy of the
petition for an injunction for protection against repeat violence,
dating violence, sexual violence, or stalking, temporary injunction (if
one has been entered), and notice of hearing to the appropriate
sheriff or law enforcement agency of the county where the
respondent resides or can be found for expeditious service of
process.

(C) Additional Documents. Service of pleadings
in cases of domestic, repeat, dating, or sexual violence, or stalking
other than petitions, supplemental petitions, and orders granting
injunctions shall be governed by rule 12.080, except that service of
a motion to modify or vacate an injunction should be by notice that
is reasonably calculated to apprise the nonmoving party of the
pendency of the proceedings.

(3) Consideration by Court.
(A) Domestic Violence and Stalking
Injunctions. Upon the filing of a petition, the court shall set a
hearing to be held at the earliest possible time. A denial of a petition
for an ex parte injunction shall be by written order noting the legal
grounds for denial. When the only ground for denial is no
appearance of an immediate and present danger of domestic
violence or stalking, the court shall set a full hearing on the petition
for injunction with notice at the earliest possible time. Nothing
herein affects a petitioner’s right to promptly amend any petition, or
otherwise be heard in person on any petition consistent with these
rules.

(B) Repeat, Dating, or Sexual Violence
Injunctions. Upon the filing of a petition, the court shall set a
hearing to be held at the earliest possible time. Nothing herein
affects a petitioner’s right to promptly amend any petition or
otherwise be heard in person on any petition consistent with these
rules.

(4) Forms.

(A) Provision of Forms. The clerk of the court or
family or injunctions for protection intake personnel shall provide
simplified forms, including instructions for completion, for any
person whose circumstances meet the requirements of this rule and
shall assist the petitioner in obtaining an injunction for protection
against domestic, repeat, dating, or sexual violence, or stalking as
provided by law.

(B) Confidential Filing of Address. A petitioner’s
address may be furnished to the court in a confidential filing
separate from a petition or other form if, for safety reasons, a
petitioner believes that the address should be concealed. The
ultimate determination of a need for confidentiality must be made
by the court as provided in Florida Rule of General Practice and
Judicial Administration 2.420.

(c) Orders of Injunction.

(1) Consideration by Court.
(A) Temporary Injunction.

(i) Domestic, Repeat, Dating, or Sexual
Violence. For the injunction for protection to be issued ex parte, it
must appear to the court that an immediate and present danger of
domestic, repeat, dating, or sexual violence exists. In an ex parte
hearing for the purpose of obtaining an ex parte temporary
injunction, the court may limit the evidence to the verified pleadings
or affidavits for a determination of whether there is an imminent
danger that the petitioner will become a victim of domestic, repeat,
dating, or sexual violence. If the respondent appears at the hearing
or has received reasonable notice of the hearing, the court may hold
a hearing on the petition. If a verified petition and affidavit are
amended, the court shall consider the amendments as if originally
filed.

(ii) Stalking. For the injunction for
protection to be issued ex parte, it must appear to the court that
stalking exists. In an ex parte hearing for the purpose of obtaining
an ex parte temporary injunction, the court may limit the evidence
to the verified pleadings or affidavits for a determination of whether
stalking exists. If the respondent appears at the hearing or has
received reasonable notice of the hearing, the court may hold the
hearing on the petition. If a verified petition and affidavit are
amended, the court shall consider the amendments as if originally
filed.

(B) Final Judgment of Injunction for Protection
Against Repeat, Dating, or Sexual Violence or Stalking. A
hearing shall be conducted.

(C) Final Judgment of Injunction for Protection
Against Domestic Violence. The court shall conduct a hearing and
make a finding of whether domestic violence occurred or whether
imminent danger of domestic violence exists. If the court determines
that an injunction will be issued, the court shall also rule on the
following:

(i) whether the respondent may have any
contact with the petitioner, and if so, under what conditions;
(ii) exclusive use of the parties’ shared
residence;

(iii) petitioner’s temporary time-sharing with
the minor child or children;

(iv) whether respondent will have temporary
time-sharing with the minor child or children and whether it will be
supervised;

(v) whether temporary child support will be
ordered;

(vi) whether temporary spousal support will
be ordered; and

(vii) such other relief as the court deems
necessary for the protection of the petitioner.

The court, with the consent of the parties, may refer the parties to
mediation by a certified family mediator to attempt to resolve the
details as to the above rulings. This mediation shall be the only
alternative dispute resolution process offered by the court. Any
agreement reached by the parties through mediation shall be
reviewed by the court and, if approved, incorporated into the final
judgment. If no agreement is reached the matters referred shall be
returned to the court for appropriate rulings. Regardless of whether
all issues are resolved in mediation, an injunction for protection
against domestic violence shall be entered or extended the same
day as the hearing on the petition commences.

(2) Issuing of Injunction.

(A) Standarized Forms. The temporary and
permanent injunction forms approved by the Florida Supreme
Court for domestic, repeat, dating, and sexual violence, and
stalking injunctions shall be the forms used in the issuance of
injunctions under chapters 741 and 784, Florida Statutes.
Additional standard provisions, not inconsistent with the
standarized portions of those forms, may be added to the special
provisions section of the temporary and permanent injunction
forms, or at the end of each section to which they apply, on the
written approval of the chief judge of the circuit, and upon final
review and written approval by the chief justice. Copies of such
additional standard provisions, once approved by the chief justice,
shall be sent to the chair of the Family Law Rules Committee of The
Florida Bar, the chair of the Steering Committee on Families and
Children in the Court, and the chair of The Governor’s Task Force
on Domestic and Sexual Violence.

(B) Bond. No bond shall be required by the court
for the entry of an injunction for protection against domestic,
repeat, dating, or sexual violence, or stalking. The clerk of the court
shall provide the parties with sufficient certified copies of the order
of injunction for service.

(3) Service of Injunctions.

(A) Temporary Injunction. A temporary
injunction for protection against domestic, repeat, dating, or sexual
violence, or stalking must be personally served. When the
respondent has been served previously with the temporary
injunction and has failed to appear at the initial hearing on the
temporary injunction, any subsequent pleadings seeking an
extension of time may be served on the respondent by the clerk of
the court by certified mail in lieu of personal service by a law
enforcement officer. If the temporary injunction was issued after a
hearing because the respondent was present at the hearing or had
reasonable notice of the hearing, the injunction may be served in
the manner provided for a permanent injunction.

(B) Permanent Injunction.

(i) Party Present at Hearing. The parties
may acknowledge receipt of the permanent injunction for protection
against domestic, repeat, dating, or sexual violence, or stalking in
writing on the face of the original order. If a party is present at the
hearing and that party fails or refuses to acknowledge the receipt of
a certified copy of the injunction, the clerk shall cause the order to
be served by mailing certified copies of the injunction to the parties
who were present at the hearing at the last known address of each
party. Service by mail is complete upon mailing. When an order is
served pursuant to this subdivision, the clerk shall prepare a
written certification to be placed in the court file specifying the time,
date, and method of service and within 24 hours shall forward a
copy of the injunction and the clerk’s affidavit of service to the
sheriff with jurisdiction over the residence of the petitioner. This
procedure applies to service of orders to modify or vacate
injunctions for protection against domestic, repeat, dating, or
sexual violence, or stalking.

(ii) Party not Present at Hearing. Within 24
hours after the court issues, continues, modifies, or vacates an
injunction for protection against domestic, repeat, dating, or sexual
violence, or stalking the clerk shall forward a copy of the injunction
to the sheriff with jurisdiction over the residence of the petitioner
for service.

(4) Duration.

(A) Temporary Injunction. Any temporary
injunction shall be effective for a fixed period not to exceed 15 days.
A full hearing shall be set for a date no later than the date when the
temporary injunction ceases to be effective. The court may grant a
continuance of the temporary injunction and of the full hearing for
good cause shown by any party, or upon its own motion for good
cause, including failure to obtain service.

(B) Permanent Injunction. Any relief granted by
an injunction for protection against domestic, repeat, dating, or
sexual violence, or stalking shall be granted for a fixed period or
until further order of court. Such relief may be granted in addition
to other civil and criminal remedies. Upon petition of the victim, the
court may extend the injunction for successive periods or until
further order of court. Broad discretion resides with the court to
grant an extension after considering the circumstances. No specific
allegations are required.

(5) Enforcement. The court may enforce violations of an
injunction for protection against domestic, repeat, dating, or sexual
violence, or stalking in civil contempt proceedings, which are
governed by rule 12.570, or in criminal contempt proceedings,
which are governed by Florida Rule of Criminal Procedure 3.840, or,
if the violation meets the statutory criteria, it may be prosecuted as
a crime under Florida Statutes.

(6) Motion to Modify or Vacate Injunction. The petitioner
or respondent may move the court to modify or vacate an injunction
at any time. Service of a motion to modify or vacate injunctions
shall be governed by subdivision (b)(2) of this rule. However, for
service of a motion to modify to be sufficient if a party is not
represented by an attorney, service must be in accordance with rule
12.070, or in the alternative, there must be filed in the record proof
of receipt of this motion by the nonmoving party personally.

(7) Forms. The clerk of the court or family or injunction
for protection intake personnel shall provide simplified forms
including instructions for completion, for the persons whose
circumstances meet the requirements of this rule and shall assist in
the preparation of the affidavit in support of the violation of an
order of injunction for protection against domestic, repeat, dating,
or sexual violence, or stalking.

Commentary

2003 Amendment. This rule was amended to emphasize the
importance of judicial involvement in resolving injunction for
protection against domestic violence cases and to establish
protections if mediation is used. In performing case management,
court staff may interview the parties separately to identify and
clarify their positions. Court staff may present this information to
the court along with a proposed order for the court’s consideration
in the hearing required by subdivision (b). The first sentence of
(c)(1)(C) contemplates that an injunction will not be entered unless
there is a finding that domestic violence occurred or that there is
imminent danger of domestic violence. Subdivision (c)(1)(C) also
enumerates certain rulings that a judge must make after deciding
to issue an injunction and before referring parties to mediation.
This is intended to ensure that issues involving safety are decided
by the judge and not left to the parties to resolve. The list is not
meant to be exhaustive, as indicated by subdivision (c)(1)(C)(vii),
which provides for “other relief,” such as retrieval of personal
property and referrals to batterers’ intervention programs. The
prohibition against use of any “alternative dispute resolution” other
than mediation is intended to preclude any court-based process
that encourages or facilitates, through mediation or negotiation,
agreement as to one or more issues, but does not preclude the
parties through their attorneys from presenting agreements to the
court. All agreements must be consistent with this rule regarding
findings. Prior to ordering the parties to mediate, the court should
consider risk factors in the case and the suitability of the case for
mediation. The court should not refer the case to mediation if there
has been a high degree of past violence, a potential for future
lethality exists, or there are other factors which would compromise
the mediation process.
1995 Adoption. A cause of action for an injunction for
protection against domestic violence and repeat violence has been
created by section 741.30, Florida Statutes (Supp.1994) (modified
by chapter 95 195, Laws of Florida), and section 784.046, Florida
Statutes (Supp. 1994), respectively. This rule implements those
provisions and is intended to be consistent with the procedures set
out in those provisions except as indicated in this commentary. To
the extent a domestic or repeat violence matter becomes criminal or
is to be enforced by direct or indirect criminal contempt, the
appropriate Florida Rules of Criminal Procedure will apply.
The facts and circumstances to be alleged under subdivision
12.610(b)(1)(A) include those set forth in Florida Supreme Court
Approved Family Law Form 12.980(b). An injunction for protection
against domestic or repeat violence may be sought whether or not
any other cause of action is currently pending between the parties.
However, the pendency of any such cause of action must be alleged
in the petition. The relief the court may grant in a temporary or
permanent injunction against domestic violence is set forth in
sections 741.30(5)–(6).
The facts and circumstances to be alleged under subdivision
(b)(1)(B) include those set forth in Florida Supreme Court Approved
Family Law Form 12.980(g). The relief the court may grant in a
temporary or permanent injunction against repeat violence is set
forth in section 784.046(7), Florida Statutes.
Subdivision (b)(4) expands sections 741.30(2)(c)1 and (2)(c)2,
Florida Statutes, to provide that the responsibility to assist the
petitioner may be assigned not only to the clerk of court but also to
the appropriate intake unit of the court. Florida Supreme Court
Approved Family Law Form 12.980(b) provides the form for a
petition for injunction against domestic violence. If the custody of a
child is at issue, a Uniform Child Custody Jurisdiction and
Enforcement Act affidavit must be provided and completed in
conformity with Florida Supreme Court Approved Family Law Form
12.902(d). If alimony or child support is sought a Financial Affidavit
must be provided and completed in conformity with Florida Family
Law Rules of Procedure Form 12.902(b) or 12.902(c).
Subdivision (c)(1)(A) expands chapter 95 195, Laws of Florida,
and section 784.046(6)(b), Florida Statutes, to make the limitation
of evidence presented at an ex parte hearing permissive rather than
mandatory given the due process concerns raised by the statutory
restrictions on the taking of evidence.
Unlike traditional injunctions, under subdivision (c)(2), no
bond will be required for the issuance of injunctions for protection
against domestic or repeat violence. This provision is consistent
with the statutes except that, unlike the statutes, it does not set a
precise number of copies to be provided for service.
Subdivision (c)(3)(A) makes the procedure for service of a
temporary order of injunction for protection against domestic
violence and repeat violence consistent. This is intended to replace
the differing requirements contained in sections 741.30(8)(a)1 and
(8)(c)1 and 784.046(8)(a)1, Florida Statutes.
Subdivision (c)(3)(B) makes the procedure for service of a
permanent order of injunction for protection against domestic
violence and repeat violence consistent. This is intended to replace
the differing requirements contained in sections 741.30(8)(a)3 and
(8)(c)1 and 784.046(8)(c)1, Florida Statutes, and to specifically
clarify that service of the permanent injunction by mail is only
effective upon a party who is present at the hearing which resulted
in the issuance of the injunction.
Subdivision (c)(4)(A) restates sections 741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion. This
subdivision allows the court upon its own motion to extend the
protection of the temporary injunction for protection against
domestic or repeat violence for good cause shown, which shall
include, but not be limited to, failure to obtain service. This
subdivision also makes the procedures in cases of domestic and
repeat violence identical, resolving the inconsistencies in the
statutes.
Subdivision (c)(4)(B) makes the procedures in cases of
domestic and repeat violence identical, resolving inconsistencies in
the statutes. As stated in section 741.30(1)(c), Florida Statutes, in
the event a subsequent cause of action is filed under chapter 61,
Florida Statutes, any orders entered therein shall take precedence
over any inconsistent provisions of an injunction for protection
against domestic violence which addresses matters governed by
chapter 61, Florida Statutes.
Subdivision (c)(5) implements a number of statutes governing
enforcement of injunctions against domestic or repeat violence. It is
intended by these rules that procedures in cases of domestic and
repeat violence be identical to resolve inconsistencies in the
statutes. As such, the procedures set out in section 741.31(1),
Florida Statutes, are to be followed for violations of injunctions for
protection of both domestic and repeat violence. Pursuant to that
statute, the petitioner may contact the clerk of the circuit court of
the county in which the violation is alleged to have occurred to
obtain information regarding enforcement.
Subdivision (c)(7) expands sections 741.30(2)(c)1 and (2)(c)2,
Florida Statutes, to provide that the responsibility to assist a
petitioner may not only be assigned to the clerk of court but also to
the appropriate intake unit of the court. This subdivision makes the
procedures in cases of domestic and cases of repeat violence
identical to resolve inconsistencies in the statutes.

Committee Note
1997 Amendment. This change mandates use of the
injunction forms provided with these rules to give law enforcement
a standardized form to assist in enforcement of injunctions. In
order to address local concerns, circuits may add special provisions
not inconsistent with the mandatory portions.