Florida Form 12.980(b) is the official Petition for Injunction for Protection Against Domestic Violence, and you fill it out by completing every numbered paragraph truthfully, attaching sworn facts that show you are a victim of domestic violence or in imminent danger of becoming one, and filing it with the clerk of the circuit court in the county where you live, where the abuser lives, or where the abuse happened. The form is governed by Florida Statute § 741.30 and the family law forms approved by the Florida Supreme Court.
Filing this petition is free of charge under section 741.30(2)(a), and the court can issue a temporary ex parte injunction the same day if a judge finds an immediate and present danger. According to the Florida Department of Law Enforcement, Florida law enforcement received over 100,000 domestic violence offense reports in a single recent year, and the injunction process under 12.980(b) is one of the most-used civil remedies available to survivors.
Here is what you will learn in this guide:
- 📝 How to complete every numbered section of Form 12.980(b) line by line, with the nuances behind each choice.
- ⚖️ The legal standard for “domestic violence” and “imminent danger” under section 741.28, and why the wording you choose matters.
- 👨👩👧 Real, named-person examples covering spouses, co-parents, cohabitants, and same-sex partners, including a child-witness scenario.
- 🚫 The seven most common mistakes pro se petitioners make and the negative outcome each one triggers.
- 🔫 How firearm surrender works under section 790.233 and how 18 U.S.C. § 2265 gives your Florida injunction full faith and credit in every other state.
What Form 12.980(b) Is and Who Can Use It
Form 12.980(b) is the Petition for Injunction for Protection Against Domestic Violence, the sworn pleading that opens a civil case asking a Florida circuit judge to order an abuser to stop contact, stay away, surrender firearms, and follow other protective terms. It is one of five injunction petitions approved by the Florida Supreme Court under the Florida Family Law Rules of Procedure, and it is distinct from the other four because it requires a family or household relationship.
The legal definition of “family or household member” comes from Florida Statute § 741.28(3). The statute covers spouses, former spouses, people related by blood or marriage, people who live together as a family or have lived together as a family in the past, and parents who share a child in common whether or not they were ever married or lived together. The consequence of filing 12.980(b) when no qualifying relationship exists is dismissal, and you would need to refile on a different form.
If your relationship does not fit that definition, you must instead use Form 12.980(n) for dating violence, Form 12.980(g) for repeat violence, Form 12.980(q) for sexual violence, or Form 12.980(t) for stalking. A common misconception is that “domestic” simply means “romantic,” but Florida treats dating relationships as a separate category and uses a different statute, § 784.046, to handle them.
The five injunction forms differ in who qualifies, what acts must be shown, and what relief is available. The table below compares them so you can confirm 12.980(b) is the right starting point.
| Injunction Type | Who Qualifies and Governing Statute |
|---|---|
| Domestic Violence — 12.980(b) | Family or household members under § 741.30; spouses, ex-spouses, co-parents, cohabitants. |
| Dating Violence — 12.980(n) | People in a continuing significant romantic relationship within the last 6 months under § 784.046. |
| Repeat Violence — 12.980(g) | Any victim of two incidents, one within 6 months, even strangers, under § 784.046. |
| Sexual Violence — 12.980(q) | Victim of one qualifying sex offense who reported to law enforcement, under § 784.046. |
| Stalking — 12.980(t) | Victim of two or more acts of stalking or cyberstalking under § 784.0485. |
The Legal Standard You Must Meet
The petitioner must allege, under oath, that they are either the victim of domestic violence or have reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence. Florida’s Fourth District Court of Appeal explained in Gustafson v. Mauck, 743 So. 2d 614 (Fla. 1st DCA 1999) that general allegations of fear without specific facts will not satisfy the imminent-danger prong.
The court looks at the factors listed in section 741.30(6)(b), including the history between the parties, prior threats, prior injuries, the existence of weapons, and any criminal history. The consequence of skipping detail is that a judge may deny your temporary injunction at the ex parte stage and send the case to a return hearing where the burden becomes harder to meet. A common misconception is that police involvement is required; it is not, but a police report strengthens the sworn facts.
Where and How to File
You file the original petition with the clerk of the circuit court in any county where you currently reside, where the respondent resides, or where the domestic violence occurred. You may file in person or through the Florida Courts E-Filing Portal, and clerks across the state run a self-help center network to assist pro se filers.
There is no filing fee, no service fee, and no fee for a certified copy in a domestic violence injunction case under section 741.30(2)(a). The consequence of trying to pay anyway is delay, because clerks must process these cases as fee-exempt. A common misconception is that you need an attorney to file; you do not, but a certified domestic violence center advocate can sit beside you and help you organize the petition.
Section-by-Section Walkthrough of Form 12.980(b)
The petition runs roughly thirteen numbered paragraphs plus a sworn signature block and a notary acknowledgment. Each paragraph either gathers identifying information, establishes the qualifying relationship, lays out prior court history, swears to the underlying violence, or selects the specific relief you want. Skipping a paragraph or leaving a checkbox blank usually leads the clerk to return your packet or a judge to deny temporary relief.
Below is the field-by-field guide, written in the same order the form presents the questions. The headings match the captions inside the official PDF available on the Florida Courts forms portal.
Caption: Court, County, and Case Number
The caption sits at the top of page one and names the circuit court, the county, the division (usually “Domestic Relations” or “Injunction”), the petitioner, and the respondent. The clerk assigns the case number when you file, so leave that line blank.
The plain-English reading is simple: tell the court who is suing whom and where. The consequence of naming the wrong county is a transfer or dismissal because Florida venue rules in section 741.30(1)(j) limit where you can file. A common misconception is that you must file where the marriage occurred; venue is tied to current residence or the location of the violence, not the marriage license.
Paragraph 1: Petitioner Information
Paragraph 1 asks for the petitioner’s full legal name, mailing address, date of birth, and other identifying details. Florida Rule of General Practice and Judicial Administration 2.425 limits how much sensitive information appears in court files, so you list only the last four digits of your Social Security number and the year of your child’s birth in the public copy.
You may request that your address be kept confidential under section 741.30(3)(b) by submitting Form 12.980(h), the Petitioner’s Request for Confidential Filing of Address. The consequence of disclosing your address when you fear the respondent will track you is direct danger, which is why the confidentiality option exists. A common misconception is that all injunction filings are sealed; only the address can be made confidential unless a judge specifically seals more.
Paragraph 2: Respondent Information
Paragraph 2 captures the respondent’s full name, last known address, date of birth, race, sex, height, weight, eye color, hair color, scars, tattoos, and any employer or school address. The level of detail exists so the sheriff can find and serve the respondent quickly, and so any firearms or law-enforcement records can be cross-checked.
The consequence of guessing at the respondent’s address or skipping the physical description is a service failure, which delays the return hearing past the fifteen-day window in section 741.30(5)(c). A real-world example: Maria knew only her ex-husband’s first name and the bar where he worked, so she attached a photograph and his employer’s address, and the Hillsborough County sheriff served him within 24 hours. A common misconception is that you need a perfect address; “last known” plus identifiers is enough to get service started.
Paragraph 3: Jurisdictional Allegations
Paragraph 3 asks you to swear that you, the respondent, or both reside in Florida, or that the act of domestic violence occurred in Florida. The court must have personal jurisdiction over the respondent to enter a binding order, and Florida’s long-arm jurisdiction in injunction cases comes from sections 48.193 and 741.30 combined.
If the respondent lives out of state but committed the violence in Florida, the court still has jurisdiction over the act and over the petitioner’s safety. The consequence of leaving this paragraph blank is a jurisdictional dismissal. A common misconception is that you can only file where the respondent lives; Florida lets you file where you live as well.
Paragraph 4: The Qualifying Relationship
Paragraph 4 lists checkbox options describing your relationship with the respondent. You check the box that matches: spouse, former spouse, related by blood, related by marriage, currently living together as a family, formerly lived together as a family, or share a child in common.
You must check at least one box, and only one needs to be true. The consequence of checking none is a dismissal because the court cannot confirm 12.980(b) jurisdiction over a non-household relationship. A real-world example: Jamal and Devon never married and never lived together, but they share a 4-year-old daughter, so Jamal checks “have a child in common” and qualifies under § 741.28(3).
Paragraph 5: Minor Children
Paragraph 5 asks whether minor children are involved, lists their initials and years of birth, and notes whether any of them witnessed or were victims of the violence. Under section 741.30(6)(a)(5), a judge may award temporary parental responsibility and a temporary time-sharing schedule as part of the injunction.
The consequence of omitting children’s involvement is losing the chance to ask for emergency time-sharing and child support at the temporary stage. A common misconception is that listing children opens a separate custody case; it does not, but the First DCA in Lopez v. Hall, 233 So. 3d 451 (Fla. 2018) confirmed that injunction-based custody decisions are temporary and yield to a later chapter 61 dissolution order.
Paragraph 6: Other Pending Cases
Paragraph 6 lists any other pending or prior cases between you and the respondent, including divorces, paternity actions, prior injunctions, criminal cases, dependency cases, and out-of-state orders. The court needs this to coordinate with other judges and avoid conflicting orders, especially around children.
The consequence of hiding a prior case is loss of credibility, and judges routinely run their own searches through the Florida Courts statewide portal. A common misconception is that a dropped case does not count; you must still list it if it was ever filed.
Paragraph 7: The Sworn Statement of Domestic Violence
Paragraph 7 is the heart of the petition. You write a sworn, first-person narrative of the most recent incident and any prior incidents, including dates, locations, what the respondent did, what was said, whether weapons were used, whether you were injured, and whether the children saw or heard anything.
This is where vague language sinks petitions. Instead of “he threatened me,” write the words he used, the date, and the place. The consequence of vagueness is a denied ex parte injunction, as the Second DCA reminded litigants in Hobbs v. Hobbs, 290 So. 3d 1092 (Fla. 1st DCA 2020), where conclusory fear was held insufficient. A real-world example: Aisha wrote, “On April 2, 2026, at 8:15 p.m., in our Kissimmee apartment, Michael grabbed my throat with both hands, said ‘I will kill you,’ and our son Eli, age 6, was standing in the doorway,” and the judge granted same-day relief.
Paragraph 8: Imminent Danger Allegations
Paragraph 8 supports the alternative theory that you are in imminent danger of becoming a victim, even if no physical violence has happened yet. You list the section 741.30(6)(b) factors that apply: prior threats to kill, prior choking, destruction of property, threats with a weapon, threats to harm pets, a pattern of escalating control, prior injunctions, and access to firearms.
The consequence of leaving this paragraph empty when violence has not yet occurred is automatic denial of the ex parte injunction. A common misconception is that you must wait until you are hit; Florida law does not require an actual battery, only objectively reasonable fear of imminent harm based on specific facts.
Paragraph 9: Firearms and Ammunition
Paragraph 9 asks whether the respondent owns, possesses, or has access to any firearms or ammunition, and whether the respondent has ever used or threatened to use them. Under § 790.233, a final injunction triggers a state-law ban on possession, and under 18 U.S.C. § 922(g)(8) the federal ban kicks in as well after notice and a hearing.
The Supreme Court upheld the federal firearm prohibition in United States v. Rahimi, 602 U.S. ___ (2024), so checking this box has real teeth. The consequence of failing to alert the court to firearms is that the surrender order may be omitted, leaving the petitioner at heightened risk. A common misconception is that hunting rifles are exempt; they are not.
Paragraph 10: Specific Relief Requested
Paragraph 10 contains the menu of relief checkboxes. You check every remedy you want the court to order, and you may check more than one.
The available remedies include: restraining the respondent from committing any further acts of domestic violence, no contact direct or indirect, stay-away orders from your home, workplace, and the children’s school, exclusive use of the shared dwelling, temporary parental responsibility, temporary time-sharing, temporary child support under the Florida child support guidelines, temporary spousal support, batterers’ intervention program completion under section 741.325, surrender of firearms, and any other relief the court deems necessary.
The consequence of failing to check a box is that the court generally cannot grant relief you did not ask for, because injunction orders track the pleadings. A real-world example: Priya forgot to check exclusive use of the home, so the temporary order kept the respondent away from her but did not formally eject him, and she had to come back to court for an amended order.
Paragraph 11: Prior Sworn Statements
Paragraph 11 asks whether you have ever filed a prior petition for protection that was denied, dismissed, or dropped. The court uses this paragraph to look for a pattern.
The consequence of omitting a prior denial is that the respondent can use it to attack your credibility at the return hearing. A common misconception is that a dismissed case will hurt you; it usually does not, but hiding it almost always does.
Paragraph 12: Statement Under Oath
Paragraph 12 is the perjury attestation. You sign under penalty of perjury that everything in the petition is true and correct.
The consequence of lying is a third-degree felony under § 837.02, punishable by up to five years in prison. A common misconception is that “I thought it was true” is a defense; the standard is knowing falsity, and judges have prosecutorial referral discretion.
Paragraph 13: Notarization
Paragraph 13 must be signed in front of a notary public or a deputy clerk of court. The clerk’s office will notarize for free when you file in person.
The consequence of signing at home without a notary is that the clerk will reject the petition, costing you a day or more. A common misconception is that an online notary counts everywhere; most Florida clerks accept remote online notarization under chapter 117, but call ahead to confirm.
Three Real-World Scenarios
The scenarios below show how the form choices play out in practice. Each table presents the petitioner’s action and the resulting court response.
Scenario 1: Married Couple with a Child Witness
Sofia and Daniel are married, share a 7-year-old daughter, and live in Miami-Dade County. Daniel pushed Sofia into a wall during an argument while their daughter watched from the hallway.
| Petitioner’s Filing Choice | Court’s Response Under § 741.30 |
|---|---|
| Checks “spouse” in paragraph 4 and lists the child in paragraph 5. | Court accepts jurisdiction and considers temporary time-sharing. |
| Writes a specific, dated narrative in paragraph 7 with the child as a witness. | Judge finds immediate and present danger and grants ex parte injunction. |
| Checks firearm box in paragraph 9 because Daniel owns a handgun. | Court orders surrender of firearms within 24 hours under § 790.233. |
Scenario 2: Same-Sex Cohabiting Couple, No Marriage
Marcus and Elijah have lived together for three years in Orlando, are not married, and do not share children. Elijah threatened Marcus with a kitchen knife and broke his phone.
| Petitioner’s Filing Choice | Court’s Response |
|---|---|
| Checks “currently living together as a family” in paragraph 4. | Court confirms 12.980(b) is correct, not 12.980(n). |
| Skips paragraph 5 because no minor children are involved. | No custody orders are entered, but stay-away relief remains available. |
| Details the knife threat in paragraph 7 and checks weapon factor in paragraph 8. | Judge grants ex parte injunction with stay-away and firearm surrender terms. |
Scenario 3: Co-Parents Who Never Lived Together
Keisha and Brandon share a 3-year-old son but never married and never lived together. Brandon repeatedly shows up at Keisha’s job in Jacksonville and has threatened to “take” the child.
| Petitioner’s Filing Choice | Court’s Response |
|---|---|
| Checks “have a child in common” in paragraph 4. | Court accepts jurisdiction under § 741.28(3). |
| Uses paragraph 8 to detail imminent danger because no physical battery yet. | Judge weighs threats, pattern, and child-snatching risk. |
| Checks temporary time-sharing and stay-away from workplace in paragraph 10. | Court orders no contact, supervised time-sharing, and stay-away from her job. |
Named Examples That Illustrate the Nuances
The examples below show how small drafting choices change the outcome. Each example uses a named petitioner and a clear goal.
First, Renée in Tallahassee wants exclusive use of the home she rents with her husband. She lists the home address as her residence, checks the exclusive-use box in paragraph 10, and writes that her name is on the lease, which the judge confirms by accepting a copy at the hearing under section 741.30(6)(a)(3).
Second, Andre in Fort Lauderdale wants firearm surrender because his ex-wife keeps a rifle in her car. He checks paragraph 9 truthfully, names the rifle’s likely location, and the court directs the Broward Sheriff to take possession under § 790.233.
Third, Linh in Tampa is a Vietnamese-speaking petitioner who needs a court interpreter. She writes “interpreter requested — Vietnamese” at the top of paragraph 1 and contacts the clerk’s court interpreter services line, so the return hearing proceeds with a certified interpreter present.
Mistakes to Avoid
Pro se petitioners repeat the same drafting errors, and each one carries a concrete consequence. Avoiding these mistakes raises your odds of a same-day temporary injunction.
- Writing vague, conclusory fear instead of specific dates, locations, and words spoken, which leads to ex parte denial under Hobbs v. Hobbs.
- Skipping paragraph 9 firearm questions, which deprives the court of authority to order surrender even when guns are present.
- Failing to check boxes for the relief you want in paragraph 10, because judges generally cannot grant unrequested relief.
- Listing your confidential home address instead of using Form 12.980(h), which exposes you to the respondent.
- Filing under 12.980(b) when the relationship is only a dating one, which forces a dismissal and a refile on Form 12.980(n).
- Signing the petition outside a notary or deputy clerk, which causes immediate clerk rejection.
- Forgetting to list prior cases in paragraph 6, which destroys credibility at the return hearing.
- Naming children by full name and birth date in the public copy instead of initials and year, which violates Rule 2.425.
- Treating the petition as a divorce filing, which it is not, and missing the need to also open a chapter 61 case for permanent relief under the Florida dissolution statute.
- Skipping the return hearing, which automatically dissolves the temporary injunction under section 741.30(5)(c).
Do’s and Don’ts of Filing 12.980(b)
The list below distills the most important behavioral rules. Each item explains the why behind the rule.
- Do file in the correct venue, because section 741.30(1)(j) limits filing to your county, the respondent’s county, or the county where the violence occurred.
- Do bring a photo of the respondent if you have one, because the sheriff serves faster when identification is easy under the Florida sheriffs’ service procedures.
- Do ask the clerk for a certified copy of the temporary injunction, because you may need to show it to police or schools, and certified copies are free under section 741.30(2)(a).
- Do contact a certified domestic violence center, because advocates can sit with you at the hearing and help with safety planning.
- Do call the Florida Domestic Violence Hotline at 1-800-500-1119, because hotline counselors can connect you with shelter, legal aid, and transportation.
- Don’t post the petition or temporary order to social media, because doing so can expose your address and undermine confidentiality.
- Don’t contact the respondent to “warn” them before service, because tipping off can trigger retaliation before the order is in place.
- Don’t lie about prior cases, because § 837.02 makes false statements under oath a felony.
- Don’t bring children to the courtroom unless ordered, because judges prefer to question children only through trained personnel.
- Don’t drop the case informally; only the judge can dissolve an injunction, so file Form 12.980(s) if you want to terminate it.
Pros and Cons of Filing the Petition
Filing a 12.980(b) petition has trade-offs. Knowing them helps you plan around the risks.
- Pro: The petition is free, with no filing, sheriff, or copy fees under section 741.30(2)(a).
- Pro: A temporary injunction can issue the same day you file, giving immediate protection.
- Pro: A final injunction triggers firearm prohibition under state and federal law, including Rahimi.
- Pro: Your Florida order is enforceable in every state under 18 U.S.C. § 2265.
- Pro: The court can order child support, time-sharing, and exclusive use of the home as part of the injunction.
- Con: The respondent will be served and may retaliate before law enforcement can intervene, so a safety plan is essential.
- Con: A denied ex parte petition still sets a return hearing where you must present evidence and face cross-examination.
- Con: Filing creates a public court record that the respondent and others can search, although addresses can be made confidential.
- Con: Temporary custody and support orders last only as long as the injunction, so you may still need a chapter 61 case.
- Con: Violating your own injunction by inviting the respondent over does not erase the order, but it can hurt your credibility if you go back to court.
What Happens After You File
Once the clerk accepts your petition, a judge reviews it the same day for the ex parte temporary injunction. If granted, the order stays in effect until the return hearing, which must occur within fifteen days under section 741.30(5)(c).
The sheriff serves the respondent at no cost. The respondent receives the petition, the temporary injunction if any, and the notice of hearing.
At the return hearing both sides may present evidence, call witnesses, and cross-examine. The judge then decides whether to enter a final injunction, which can last for a fixed period or indefinitely under section 741.30(6)(c), as the Florida Supreme Court explained in Lopez v. Hall.
Service of Process and the Return Hearing
The sheriff in the respondent’s county handles service, and the clerk transmits the paperwork at no charge. The Florida Sheriffs Association coordinates service standards through its civil process guidance.
If the respondent is not served before the return hearing, the court continues the hearing and extends the temporary injunction. The consequence of a continued service failure is delay, but the temporary order continues to protect you. A common misconception is that the temporary injunction expires automatically at fifteen days; it does not if service is incomplete.
Modifying or Dissolving the Injunction
Either party may move to modify or dissolve the injunction by filing the appropriate form, usually Form 12.980(s). The court evaluates whether circumstances have changed and whether continued protection is necessary.
The consequence of an informal “I take it back” is nothing; only a judge can change the order. A real-world example: David and Sara reconciled, but Sara still had to file 12.980(s) to dissolve the injunction, because police would otherwise still arrest David for contact.
Enforcement and Full Faith and Credit
Violating a Florida injunction is a first-degree misdemeanor under § 741.31, punishable by up to one year in jail, and certain repeat or aggravated violations are felonies. Police can arrest without a warrant when they have probable cause that the order was violated.
Your Florida injunction is honored in every state and tribal jurisdiction under 18 U.S.C. § 2265. A common misconception is that you must re-register your order when you travel; you do not have to, although registration is allowed and can speed up enforcement.
Key Entities You Should Know
Several people, agencies, and rules drive the 12.980(b) process. Knowing each one helps you navigate the system.
- The Florida Supreme Court approves the family law forms, including 12.980(b), and updates them periodically.
- The Florida Department of Children and Families certifies domestic violence centers across the state.
- The Florida Coalition Against Domestic Violence coordinates statewide advocacy and training.
- The Office of the State Courts Administrator publishes the self-help forms and instructions.
- The Florida Bar lists referral panels and pro bono resources for survivors.
FAQs
Can I file Form 12.980(b) if I never married the abuser?
Yes. You qualify if you currently live together as a family, formerly lived together as a family, or share a child in common with the respondent under section 741.28(3) of the Florida Statutes.
Do I have to pay a filing fee to file Form 12.980(b)?
No. Section 741.30(2)(a) prohibits any filing fee, service fee, certified copy fee, or bond in a domestic violence injunction case in every Florida county.
Can the judge issue a temporary injunction the same day I file?
Yes. A circuit judge can grant an ex parte temporary injunction the same day if your sworn petition shows an immediate and present danger of domestic violence under section 741.30(5).
Will my home address be public when I file?
No. You can keep your address confidential by filing Form 12.980(h), the Petitioner’s Request for Confidential Filing of Address, which Florida courts grant routinely when fear is shown.
Can I include my children in the petition?
Yes. You list the children by initials and year of birth in paragraph 5, and you can ask for temporary parental responsibility, time-sharing, and child support as part of the relief.
Do I need a lawyer to file Form 12.980(b)?
No. You can file pro se using the Florida Supreme Court approved forms, and clerks and certified domestic violence centers offer free help with the paperwork.
Will the respondent lose the right to have firearms if a final injunction is entered?
Yes. Section 790.233 prohibits possession during a Florida final injunction, and 18 U.S.C. § 922(g)(8) extends a federal ban that the Supreme Court upheld in United States v. Rahimi.
Is my Florida injunction enforceable in other states?
Yes. Under 18 U.S.C. § 2265 every state and tribal jurisdiction must give full faith and credit to a valid Florida injunction without re-litigation.
Can I drop the injunction myself without going back to court?
No. Only a judge can modify or dissolve an injunction, and you must file Form 12.980(s) and appear at a hearing before the order ends.
Will the injunction show up on a background check?
Yes. Florida injunctions are entered into the Florida Crime Information Center and the federal NCIC Protection Order File, so background checks and law enforcement queries will find them.
Can I get child support through the injunction?
Yes. Under section 741.30(6)(a)(6) the court can order temporary child support using the Florida child support guidelines in section 61.30 while the injunction is in effect.
What happens if the respondent violates the injunction?
Yes, they face arrest. A first violation is a first-degree misdemeanor under section 741.31, and aggravated or repeat violations can be charged as felonies under Florida law.
Related reading
- How to Fill Out Florida Form 12.980(a) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.980(c)(2) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.980(g) (w/Examples) + FAQs
- How to Fill Out Florida Form CR2E098 (w/Examples) + FAQs
- How to Fill Out Florida Form 12.980(c)(1) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.980(h) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.930(d) (w/Examples) + FAQs