DV 5
Instructions for Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection
Against Domestic Violence (10/22)
for Injunction for Protection Against Dating Violence, Florida Supreme Court Approved Family Law Form
12.980(n), to determine if your situation will qualify for an injunction for protection against dating
violence, or Petition for Injunction for Protection Against Sexual Violence, Florida Supreme Court
Approved Family Law Form 12.980(q), to determine if your situation will qualify for an injunction for
protection against sexual violence.
If you are under the age of eighteen and you have never been married or had the disabilities of nonage
removed by a court, then one of your parents, custodians, or your legal guardian must sign this petition
with you.
This form should be typed or printed in black ink. You should complete this form (giving as much detail
as possible) and sign it in front of a notary public or the clerk of the circuit court in the county where you
live. The clerk will take your completed petition to a judge. You should keep a copy for your records. If
you have any questions or need assistance completing this form, the clerk or family law intake staff will
help you.
What should I do if the judge grants my petition?
If the facts contained in your petition convince the judge that you are a victim of domestic violence or that
an imminent danger of domestic violence exists, the judge will sign either an immediate Temporary
Injunction for Protection Against Domestic Violence with Minor Child(ren), Florida Supreme Court
Approved Family Law Form 12.980(c)(1) or an immediate Temporary Injunction for Protection Against
Domestic Violence without Minor Child(ren), Florida Supreme Court Approved Family Law Form
12.980(c)(2). A temporary injunction is issued without notice to the respondent. The clerk will give your
petition, the temporary injunction, and any other papers filed with your petition to the sheriff or other
law enforcement officer for personal service on the respondent. The temporary injunction will take effect
immediately after the respondent is served with a copy of it. It lasts until a full hearing can be held or for
a period of 15 days, whichever comes first. The court may extend the temporary injunction beyond 15
days for a good reason, which may include failure to obtain service on the respondent.
The temporary injunction is issued ex parte. This means that the judge has considered only the
information presented by one side-- YOU. The temporary injunction gives a date that you must appear in
court for a hearing. At that hearing, you will be expected to testify about the facts in your petition. The
respondent will be given the opportunity to testify at this hearing, also. At the hearing, the judge will
decide whether to issue either a Final Judgment of Injunction for Protection Against Domestic Violence
with Minor Child(ren)(After Notice), Florida Supreme Court Approved Family Law Form 12.980(d)(1), or
a Final Judgment of Injunction for Protection Against Domestic Violence without Minor Child(ren)(After
Notice), Florida Supreme Court Approved Family Law Form 12.980(d)(2). Either of these final judgments
will remain in effect for a specific time period or until modified or dissolved by the court. If either you or
the respondent do not appear at the final hearing, the temporary injunction may be continued in force,
extended, or dismissed, and/or additional orders may be granted, including entry of a permanent
injunction and the imposition of court costs. You and respondent will be bound by the terms of any
injunction issued at the final hearing.
IF EITHER YOU OR RESPONDENT DO NOT APPEAR AT THE FINAL HEARING, YOU WILL BOTH BE BOUND
BY THE TERMS OF ANY INJUNCTION ISSUED IN THIS MATTER.
If the judge signs a temporary or final injunction, the clerk will provide you with the necessary copies.
Make sure that you keep one certified copy of the injunction with you at all times!