CopyCited 2 times | Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 485, 2015 Fla. LEXIS 1976, 2015 WL 5445986
...Const.
(Other Proceedings) new subpart C (Truancy Proceedings) to include new rules
8.850–8.870. The Committee also proposes the deletion of Forms 8.962 (Motion
for Injunction) and 8.963 (Injunction Order) because it determined they are
inconsistent with section 39.504, Florida Statutes, as amended by chapter 2012-
178, Laws of Florida, and replacement forms are not necessary....
...AGAINST ANY ACT OF CHILD ABUSE OR DOMESTIC VIOLENCE
Movant ( ) Department of Children and Family Services ( ) law enforcement
officer ( ) state attorney ( ) responsible person ( ) the court on its own motion,
.....(name)....., .....(address)....., requests this court under section 39.504, Florida
Statutes, to issue an injunction against Respondent, .....(name)....., .....(address)......
1....
...- 16 -
FORM 8.963. INJUNCTION ORDER
ORDER ON VERIFIED MOTION FOR
CHAPTER 39 INJUNCTION
THIS CAUSE came before this court on .....(date)....., pursuant to section
39.504, Florida Statutes....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 754, 2008 Fla. LEXIS 1635, 2008 WL 4346502
...After considering the Committee's proposals and reviewing the relevant legislation, we amend the rule and forms as proposed by the Committee. The amendments to rule 8.225 and forms 8.962, 8.963, and 8.968 are in response to amendments to sections
39.502(17),
39.503(6),
39.504, Florida Statutes, made by chapter 2008-245, sections 9-11, Laws of Florida....
...Consistent with the change to section
39.502(17), Florida Statutes, subdivision (c) of rule 8.225 is amended to require notice to foster or preadoptive parents of a proceeding or hearing. The amendments to forms 8.962 and 8.963 incorporate into the injunction motion and order forms changes made to section
39.504, Florida Statutes, concerning injunctions entered pending disposition in dependency cases....
...e input to the court. (4)-(7) [No Change] FORM 8.962. MOTION FOR INJUNCTION VERIFIED MOTION FOR CHAPTER 39 INJUNCTION FOR PROTECTION AGAINST ANY ACT OF CHILD ABUSE OR DOMESTIC VIOLENCE 1. .....(Name and address)..... requests this Court, pursuant to section 39.504, Florida Statutes, to issue, until.....the cause is disposed/............, an injunction requiring .....(name and address of person against whom injunction is requested)...... to do the following: Movant () Department of Children and Family Services () law enforcement officer () state attorney () responsible person () the court on its own motion,.....(name)....., .....(address)....., requests this court under section 39.504, Florida Statutes, to issue an injunction against Respondent, .....(name).....,.....(address)....., 1....
..._____________________ .....(attorneys name)..... .....(address and phone number) ..... .....(Florida Bar number)..... FORM 8.963. INJUNCTION ORDER ORDER ON VERIFIED MOTION FOR CHAPTER 39 INJUNCTION THIS CAUSE came before this court on.....(date)....., pursuant to section 39.504, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 13808, 2016 WL 4180212
...I’m not just going to be down here [in dependency court] doing injunctions. That’s downtown stuff. It’s criminal DV [domestic violence]. 2 Denied.” The circuit court’s exclusive jurisdiction attaches when, inter alia, “a petition for an injunction to prevent child abuse issued pursuant to [section]
39.504[,] [Florida Statutes 2016),] is filed.” §
39.013(2), Fla. Stat. (2016). Although the circuit court’s jurisdiction may also be triggered when DCF files a dependency petition, it is clear 'that an open dependency case is not required to - entertain and issue section
39.504 injunctions. Thus, the trial court had jurisdiction to entertain and rule on the petition. The trial court correctly noted that Chapter 39 states in section
39.013(2) that “[t]he circuit court may assume jurisdiction over any such proceeding,” and in section
39.504(3) that “[f]ollowing the hearing, the court may.enter a final injunction.” ....
...Dep’t of Child. & Fams.,
769 So.2d 424, 426 (Fla. 4th DCA 2000)). However, that discretion, has limits. Once a petition for injunction to prevent child abuse has been filed, “the court shall set a hearing to be held at the earliest possible time.” §
39.504(2) Fla. Stat. (2016), Lest there be any doubt about which court should entertain a section
39.504 petition for injunction, the legislature directs that “ ‘[c]ourt,’ unless otherwise expressly stated, means the circuit court assigned to exercise jurisdiction under this chapter.” §
39.01(20) Fla....
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 12474, 2010 WL 3324720
...Arden, Assistant Attorney General, Fort Lauderdale, for appellant. No brief filed for appellee. GROSS, C.J. The Florida Department of Children and Families ("DCF") appeals an order dismissing an ex parte injunction entered against a father of minor children pursuant to section 39.504, Florida Statutes (2009)....
...On August 21, 2009, the mother filed a pro se emergency motion to suspend visitation. Attached to the motion was an affidavit from a psychologist. The mother never called this motion up for hearing before the family court judge. On September 18, 2009, DCF filed a petition for a section 39.504 injunction in Broward County. Subsection 39.504(1), Florida Statutes (2009), authorizes the department to seek an injunction to "prevent any act of child abuse" at "any time after a protective investigation has been initiated pursuant to part III" of Chapter 39....
...[1] One DCF representative was concerned that the father had sent him a letter threatening to sue him. The DCF attorney convinced the judge to enter an injunction that remained in effect until further order of the court, without holding any further hearing. Section 39.504(2) provides that if a judge issues "an immediate injunction," "the court must hold a hearing on the next day of judicial business to dissolve the injunction or to continue or modify it." The DCF attorney called the court's attention to this section, but suggested that it did not apply....
...None of the attorneys mentioned the mother's August 21 emergency motion. None of the attorneys brought up the mother's previous attempt to secure an injunction on behalf of the children, which was denied. DCF's pre-printed, standard form for a petition for a section 39.504 injunction provides an area to describe "any other paternity action, child support enforcement action, or dependency case that is either going on now or that happened in the past." There is no fill-in-theblank for an ongoing family court proceeding....
...[2] On October 20, 2009, Judge Marina Garcia-Wood, the family court judge, ordered the transfer of the injunction case to the family court because of the longstanding dissolution case pending there. On October 22, Judge Garcia-Wood held what she characterized as a subsection 39.504(2) hearing....
...d been entered. A second witness at the October 20 hearing was a DCF supervisor. She was aware that the mother had filed in the family court for an injunction in March, 2009, which was denied. She made the decision to proceed for an injunction under section 39.504, in part because it was an "available remedy." Judge Garcia-Wood asked why DCF sought the injunction under the statute when the mother had a remedy available to her in the pending family court case. The DCF supervisor's only response was that the "legislature has enabled the Department to be able to intervene regardless of the parent doing it or not doing it." Judge Garcia-Wood asked how often DCF had chosen to seek a section 39.504 injunction when no dependency proceedings were contemplated....
...dissolve the injunction. Even though the September 18 injunction issued immediately after the hearing, DCF asserts that this was not an "immediate injunction" for which the court was required to hold a hearing "on the next day of judicial business." § 39.504(2). DCF draws this conclusion from the first sentence of subsection 39.504(2), which says that "[n]otice shall be provided to the parties as set forth in the Florida Rules of Juvenile Procedure, unless the child is reported to be in imminent danger, in which case the court may issue an injunction immediately....
...ice be "that which is most likely to result in actual notice." According to DCF, because the husband had "actual notice," the injunction did not qualify as an immediate injunction, so the proper avenue for the husband to attack the injunction was subsection 39.504(3)(c), which authorizes a motion to modify or dissolve the injunction....
...At such a hearing, DCF asserts, the husband "should have had the burden of proof to show why the petition should be modified or dissolved." DCF's argument ignores basic principles of due process. Whether the October 20 hearing is viewed as a hearing under subsection 39.504(2) or as a motion to dissolve pursuant to subsection 39.504(3)(c), the burden of proof was on DCF to justify the continuation of the injunction. It is presumed that the legislature was aware of due process considerations at the time it passed subsection 39.504(2) and that it intended a constitutional enactment....
...788,
16 So.2d 641, 644 (1944) (on rehearing). A court therefore has "a duty to interpret a statute so that it withstands constitutional scrutiny." Walker v. Bentley,
660 So.2d 313, 320 (Fla. 2d DCA 1995). DCF secured an "immediate injunction" within the meaning of subsection
39.504(2)....
...Claiming that children were in "imminent danger," DCF secured an immediate injunction at the end of the September 18 hearing. Judge Rebollo was required to hold "a hearing on the next day of judicial business to dissolve the injunction or to continue or modify it." § 39.504(2)....
...Rather, Judge Garcia-Wood was a successor judge in the same case conducting a mandatory hearing that her predecessor never held. At the hearing, DCF failed to make a case for continuing the injunction. Affirmed. WARNER and CIKLIN, JJ., concur. NOTES [1] Section 39.504 does not specify what type of evidence may be introduced in an ex parte hearing to obtain an "immediate injunction." However, other provisions of Florida law preclude the use of anything but affidavits or a verified pleading at ex part...
CopyPublished | Florida 5th District Court of Appeal
...under Chapter 741, Florida Statutes.
2
The circuit court’s exclusive jurisdiction attaches when, inter alia, “a petition for an
injunction to prevent child abuse issued pursuant to [section]
39.504[,] [Florida Statutes
2016),] is filed.” §
39.013(2), Fla. Stat. (2016). Although the circuit court’s jurisdiction may
also be triggered when DCF files a dependency petition, it is clear that an open
dependency case is not required to entertain and issue section
39.504 injunctions....
...Thus,
the trial court had jurisdiction to entertain and rule on the petition.
The trial court correctly noted that Chapter 39 states in section
39.013(2) that “[t]he
circuit court may assume jurisdiction over any such proceeding,” and in section
39.504(3)
that “[f]ollowing the hearing, the court may enter a final injunction.” The use of the word
“may” rather than “shall” in this section recognizes that courts must be free to exercise
broad discretion when choosing an a...
...Dep’t of Child. & Fams.,
769 So. 2d 424, 426 (Fla. 4th DCA 2000)). However, that discretion has limits. Once a
petition for injunction to prevent child abuse has been filed, “the court shall set a hearing
to be held at the earliest possible time.” §
39.504(2) Fla. Stat. (2016). Lest there be any
doubt about which court should entertain a section
39.504 petition for injunction, the
legislature directs that ‘“[c]ourt,’ unless otherwise expressly stated, means the circuit court
assigned to exercise jurisdiction under this chapter.” §
39.01(20) Fla....
