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Florida Family Law Rule 12.610 and Injunctions for Protection Against Domestic Violence and Stalking

Florida Family Law Rule 12.610 applies 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 Rules of Civil Procedure 1.610. 

A person may file a Petition Against Domestic Violence, a Petition Against repeat Violence, a petition Against Domestic Violence, a Petition for Sexual Violence, and Petition Against Stalking. 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. 

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

For Repeat Violence, Dating Violence and Stalking, Sexual Violence, personal service by a law enforcement agency is required. The clerk of the court shall provide a copy of the Petition for an Injunction for Protection Against Repeat Violence, Dating Violence, Sexual Violence and Stalking to the sheriff for expeditious service on the Respondent. Any other paperwork filed with court as mentioned above shall also be served by the sheriff. 

Florida Family Law Rule Rule 12.080 requires that a copy of all orders or judgments involving family law matters, except proceedings for injunctions for protection against domestic, repeat, dating, and sexual violence, and stalking, must be transmitted by the court or under its direction to all parties at the time of entry of the order or judgment. That means prior to you and respondent leaving the injunction hearing the Petitioner and Respondent will receive the Order on Permanent Injunction or Order on Dismissal of the Injunction depending on how the judge rules on the temporary injunction. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.