How to Fill Out Florida Form 12.980(c)(2) (w/Examples) + FAQs

You fill out Florida Form 12.980(c)(2) by completing every numbered paragraph of the Petition for Injunction for Protection Against Domestic Violence with sworn, specific, first-person facts about the abuse, the parties, the children, and the relief you want from the judge. The form is a Florida Supreme Court Approved Family Law Form, and you must file the original signed and notarized petition with the clerk of court in the county where you live, where the respondent lives, or where the violence happened, as confirmed on the Florida Courts self-help portal.

According to the Florida Department of Law Enforcement Uniform Crime Reports, Florida law enforcement agencies received more than 100,000 domestic violence offense reports in a single recent year, and a properly drafted 12.980(c)(2) petition is often the only barrier between a survivor and the next assault.

Here is what you will learn in this guide:

• 📝 How to complete every paragraph and checkbox of Form 12.980(c)(2) without triggering a denial.
• ⚖️ Which Florida statutes, rules, and cases control the judge’s ruling on your petition.
• 👨‍👩‍👧 How to request temporary timesharing, child support, and exclusive use of the home.
• 🚫 The seven most common mistakes that cause petitions to be dismissed at the ex parte stage.
• ❓ Plain-English answers to the ten questions every petitioner asks before filing.

What Florida Form 12.980(c)(2) Actually Is

Florida Form 12.980(c)(2) is the long-form sworn petition a person uses to ask a circuit court judge for a civil injunction—commonly called a restraining order—against a family or household member who has committed or threatened domestic violence. The form is published by the Florida Supreme Court under the Florida Family Law Rules of Procedure Form set, and it is the document that opens a Chapter 741 injunction case in the family division of the circuit court. Filing it is free, because Florida Statute § 741.30(2)(a) bars the clerk from charging a filing fee, a service fee, or a certified copy fee in domestic violence injunction cases.

The petition asks the court to issue two orders. The first is a temporary ex parte injunction that takes effect the moment the judge signs it, before the respondent is even served, and lasts up to 15 days under Florida Statute § 741.30(5)(c). The second is a final injunction entered after a full hearing where both sides testify.

The consequence of filing a false or exaggerated petition is serious. A petitioner who lies in the sworn statement commits perjury under Florida Statute § 837.02, a third-degree felony punishable by up to five years in prison. A common misconception is that the form is “just paperwork” that the judge skims. In reality, the judge reads every line under oath, and appellate decisions like Gustafson v. Mauck and Sumners v. Thompson reverse injunctions every year for vague or conclusory language.

Who Qualifies as a “Family or Household Member”

Florida law limits Form 12.980(c)(2) to people who fit the statutory definition of family or household member, which the legislature wrote into Florida Statute § 741.28(3). The statute covers spouses, former spouses, people related by blood or marriage, people who live together now or have lived together as a family, and parents who share a child whether or not they were ever married.

If you do not fit this definition, you must file a different petition. Dating partners who never lived together must use Form 12.980(n), the Petition for Injunction for Protection Against Dating Violence, instead. The consequence of using the wrong form is dismissal without prejudice, which forces you to refile and lose your priority in the judge’s docket.

For example, Maria Lopez lived with her boyfriend Carlos for two years and they share a daughter. Maria qualifies as a household member under § 741.28(3) because of cohabitation and the shared child, so Form 12.980(c)(2) is the correct vehicle for her petition. A common misconception is that a one-night encounter that produced a child creates a “family” relationship; the statute requires more, and judges routinely deny petitions where the parties never lived together and never had a meaningful dating relationship.

How 12.980(c)(2) Differs From Related Forms

Form 12.980(c)(2) sits inside a larger family of injunction forms, and using the wrong sibling form is one of the fastest ways to lose. The form numbers and their purposes are published on the Florida Courts family law forms index.

Form Number	Purpose
12.980(a)(1)	Cover sheet for clerk intake, used with Form 12.928 cover sheet
12.980(b)(1)	Notice of hearing for petitioner without legal counsel
12.980(c)(2)	Sworn petition for domestic violence injunction (this guide)
12.980(m)	Petition for repeat violence injunction
12.980(n)	Petition for dating violence injunction
12.980(q)	Petition for sexual violence injunction
12.980(h)	Petition for stalking injunction under § 784.0485

The consequence of selecting (m), (n), or (q) when you actually share a household with the respondent is a weaker injunction, because only the domestic violence injunction triggers automatic firearm surrender under 18 U.S.C. § 922(g)(8) and the federal Lautenberg framework. A common misconception is that all five injunctions offer the same protection; they do not.

Step-by-Step Walkthrough of Every Section

The form runs roughly nine pages and contains caption boxes, sworn paragraphs, and a series of relief checkboxes. Work through it in order, and never leave a paragraph blank—write N/A if the question does not apply. The current revision is posted on the Florida Courts forms download page.

The Caption and Case Style

At the very top, you write the circuit number, the county, and the case number. Leave the case number blank because the clerk assigns it when you hand in the petition. Type or print your full legal name on the Petitioner line and the abuser’s full legal name on the Respondent line.

The consequence of using nicknames or initials here is delayed service, because the sheriff cannot serve a respondent identified only as “Tony” when his driver’s license says Anthony Robert Salerno. A real-world example is James Whitfield, who wrote “Jay” on the caption; the Broward Sheriff’s Office returned the papers unserved, and James lost two weeks of protection while he amended the caption. A common misconception is that the caption is just a label; it is the legal identification that controls who the deputy can lawfully restrain.

Paragraph 1: Jurisdictional Facts

Paragraph 1 asks you to confirm that you live in Florida, or that the respondent lives in Florida, or that the abuse happened in Florida. Check every box that applies. Florida courts apply the long-arm jurisdiction analysis from Florida Statute § 48.193, and an injunction issued without jurisdiction is void.

The consequence of guessing on jurisdiction is a motion to dissolve the injunction filed by the respondent’s attorney, often within days. For example, Priya Anand moved to Tampa from New Jersey two weeks before filing; she correctly checked the box stating the respondent had committed acts of domestic violence in Florida during a recent visit, which preserved jurisdiction. A common misconception is that you must have lived in Florida for six months; the domestic violence statute has no minimum residency period, unlike a divorce filing under § 61.021.

Paragraph 2: Relationship to the Respondent

Here you check the box that describes how you and the respondent are related—spouse, former spouse, related by blood, related by marriage, currently living together as a family, formerly living together as a family, or parents of a child in common. You must check at least one box, and the box must be true.

The consequence of checking the wrong box is dismissal at the ex parte review stage, often the same afternoon. A common misconception is that “engaged” or “dating” is enough; engagement without cohabitation does not satisfy § 741.28(3), and the judge will redirect you to Form 12.980(n).

Paragraph 3: Other Pending Cases

You list every other court case between you and the respondent—divorce, paternity, child support, prior injunctions, criminal cases, and dependency cases. Provide case numbers and the county where each case is pending. The judge needs this to coordinate timesharing orders under the Uniform Child Custody Jurisdiction and Enforcement Act.

The consequence of hiding a prior denied injunction is devastating; the respondent’s lawyer will surface it at the hearing and use it to attack your credibility under Achurra v. Achurra. A common misconception is that an old, closed case need not be disclosed; the form requires all prior cases between the same parties.

Paragraph 4: The Sworn Statement of Abuse

This is the most important paragraph. You must describe the most recent incident and the history of abuse with dates, locations, weapons used, injuries inflicted, threats spoken, and witnesses present. The legal standard the judge applies is whether you are in imminent danger of becoming a victim of domestic violence or have been the victim of domestic violence, taken from § 741.30(6)(a).

The consequence of vague language is a denial of the temporary injunction. The Second District Court of Appeal made this clear in Gill v. Gill, where the court reversed an injunction because the petition only said the respondent “acted crazy.” Write specific sentences: “On April 3, 2026, at our home at 142 Maple Street, Orlando, the Respondent grabbed me by the throat with both hands, slammed me against the kitchen wall, and said ‘I will kill you and bury you in the yard.’”

A real-world example is Amani Robinson, who described three separate strangulation incidents with dates, the emergency room visit, and the names of two neighbors who heard the threats; the judge granted the temporary injunction within two hours. A common misconception is that you should keep the statement short to “let the judge ask questions later”; the judge decides the ex parte order on the four corners of the petition, with no oral testimony.

Paragraph 5: Firearms and Ammunition

You must check the box if the respondent owns, possesses, or has access to firearms or ammunition, and list each weapon you know about. This triggers the surrender requirement under § 790.233, which makes it a first-degree misdemeanor for a respondent under a final domestic violence injunction to possess any firearm or ammunition.

The consequence of leaving this paragraph blank is that the judge has no factual basis to order surrender, and the respondent keeps the gun that may be used against you. For example, Lauren Pham listed her husband’s Glock 19 by serial number, and the Hillsborough County Sheriff retrieved it within 24 hours of service. A common misconception is that the respondent’s concealed weapon license protects his rights to keep the gun; the federal Lautenberg Amendment in 18 U.S.C. § 922(g)(8) overrides any state license once a qualifying injunction issues.

Paragraph 6: Minor Children

If you and the respondent have minor children together, list each child’s first name, year of birth, and current address. You then choose whether to ask for temporary sole parental responsibility, temporary timesharing, or temporary supervised contact. The judge’s authority to enter these orders comes from § 741.30(6)(a)(4).

The consequence of skipping this paragraph is that the respondent retains shared parental rights and may show up at the children’s school the next day. A common misconception is that the injunction automatically suspends timesharing under any prior dissolution order; it does not unless you specifically request it and the judge grants it.

Paragraph 7: Exclusive Use of the Home

You can ask the judge to order the respondent out of the shared residence even if the lease or deed is in his name. Florida courts have upheld this authority under Mitchell v. Mitchell, recognizing that safety outweighs property title in the injunction context.

The consequence of not requesting exclusive use is that you and the respondent remain under the same roof, which defeats the purpose of the injunction. A common misconception is that the petitioner must own the home to claim it; the statute looks at occupancy, not title.

Paragraph 8: Other Relief

The form lets you check boxes for temporary child support under § 61.30, batterer’s intervention under § 741.325, no-contact orders that cover phone, text, social media, and third-party contact, and any other relief this court deems proper. Always check the catch-all box.

The consequence of ignoring batterer’s intervention is a missed chance to put the respondent on a 26- to 29-week certified program, which research summarized by the National Institute of Justice shows reduces re-arrest rates. A common misconception is that the judge will order this on his own; in a busy domestic violence division, judges grant only the relief the petitioner requests.

Verification, Notarization, and Signature

At the end, you sign the verification under penalty of perjury. The clerk’s notary will notarize the form for free in domestic violence cases under § 741.30(2)(a). Do not sign the form before you reach the clerk’s window, because the notary must watch you sign.

The consequence of a defective notarization is automatic dismissal of the petition. A common misconception is that you can sign at home and bring the form in; Florida notary law in § 117.05 requires personal appearance.

Three Realistic Scenarios

Below are the three most common fact patterns that arrive at the clerk’s window, drawn from the petition templates highlighted by the Florida Coalition Against Domestic Violence.

Scenario A: Strangulation by a Spouse

Petitioner Action	Court Consequence
Sarah writes the date, location, and exact words of the strangulation, plus the ER discharge papers attached as Exhibit A	Judge grants ex parte injunction the same day and orders firearm surrender within 24 hours
Sarah forgets to check the firearms box even though she knows about a shotgun in the closet	Judge issues the no-contact order but cannot order surrender, leaving the shotgun in the home

Scenario B: Stalking by a Former Live-In Partner

Petitioner Action	Court Consequence
Devon lists 14 unwanted text messages with screenshots and three drive-bys with times	Judge grants the injunction, treating the cohabitation period as the family-or-household basis under § 741.28(3)
Devon files Form 12.980(n) instead of 12.980(c)(2)	Petition is denied because they cohabited, which makes (c)(2) the correct form

Scenario C: Parent vs. Adult Child

Petitioner Action	Court Consequence
Mr. Alvarez describes his 22-year-old son’s threats with a baseball bat and the broken window	Judge grants the injunction because parent-child is a family relationship under § 741.28(3)
Mr. Alvarez writes only “my son has anger problems” with no incidents	Judge denies the petition for failure to allege imminent danger under Gill v. Gill

Mistakes to Avoid When Drafting Form 12.980(c)(2)

The Eleventh Judicial Circuit publishes a self-help domestic violence guide that lists the dismissal patterns clerks see daily. Use the list below to audit your draft.

• Writing conclusory phrases like “he is abusive” without dates, places, or words spoken, which the court treats as legally insufficient under Gill v. Gill.
• Leaving out the most recent incident, which prevents the judge from finding imminent danger and triggers a denial of the temporary injunction.
• Naming the wrong respondent or misspelling the name, which causes the sheriff to return the papers unserved and delays your hearing date.
• Failing to disclose a prior denied injunction, which the respondent’s attorney will use to attack your credibility at the final hearing.
• Forgetting to check the catch-all “any other relief” box, which limits what the judge can order even when the facts support it.
• Signing the petition before reaching the clerk’s notary, which voids the verification under § 117.05 and forces you to redo the form.
• Listing children but not asking for temporary timesharing, which leaves the respondent free to pick the children up from school the same day.
• Attaching photos or police reports without labeling them as exhibits, which causes the clerk to discard the loose pages.
• Using a private mailing address as the petitioner’s residence, which defeats the address-confidentiality protection in § 741.30(3)(b).
• Skipping the firearms paragraph because you “are not sure,” when even a credible belief is enough to trigger judicial inquiry under Crain v. State.

Key Entities You Will Encounter

The injunction process pulls in several state and local players, and knowing each one’s role keeps the case moving. The Florida Office of the State Courts Administrator coordinates form revisions through its rules committees.

• The circuit court judge signs the temporary and final injunctions and presides over the hearing.
• The clerk of the circuit court accepts the petition, opens the file, and forwards it to the judge under § 741.30(4).
• The county sheriff serves the respondent at no cost to you under § 741.30(8)(c).
• The certified domestic violence center provides shelter, advocates, and safety planning, with a directory hosted by the Florida Coalition Against Domestic Violence center map.
• The state attorney’s office prosecutes any criminal violation of the injunction under § 741.31.

Dos and Don’ts for a Stronger Petition

The following list aligns with the bench-card guidance found in the Florida Court Education Council benchbook.

Dos:

• Do write the petition in chronological order, because judges follow timelines faster than scattered facts.
• Do attach photos of injuries as labeled exhibits, because contemporaneous images carry more weight than later testimony.
• Do request address confidentiality, because hiding your address from the court file protects you under § 741.30(3)(b).
• Do bring two photo IDs to the clerk, because the notary must verify identity under § 117.05.
• Do prepare a safety plan with a certified advocate, because the National Domestic Violence Hotline safety planning page shows survivors with plans suffer fewer post-filing assaults.

Don’ts:

• Don’t exaggerate facts, because perjury under § 837.02 is a felony.
• Don’t contact the respondent after filing, because petitioner-initiated contact can be used to dissolve the injunction under Power v. Boyle.
• Don’t post about the case on social media, because screenshots reach the respondent’s lawyer within hours.
• Don’t agree to “couples counseling” before the hearing, because joint sessions can be weaponized to argue mutual combat.
• Don’t skip the final hearing, because non-appearance dismisses your case under Florida Family Law Rule 12.610.

Pros and Cons of Filing Form 12.980(c)(2)

Filing the petition is powerful, but it carries real trade-offs that survivors weigh with advocates from the Florida Department of Children and Families domestic violence program.

Pros:

• Free filing, free service, and free notarization protect access regardless of income.
• Same-day temporary protection can be granted ex parte before the abuser knows you filed.
• Automatic firearm surrender reduces the lethality risk identified in CDC intimate partner homicide research.
• Temporary timesharing and child support can be ordered without a separate paternity case.
• Violation of the injunction is a first-degree misdemeanor, giving police instant arrest authority.

Cons:

• The respondent will receive a copy of the petition, which can escalate retaliation in the first 48 hours.
• A final injunction creates a public record that may surface in employment background checks.
• Cross-petitions can produce mutual injunctions that complicate later custody litigation.
• Contested final hearings often require evidence skills that pro se petitioners lack.
• A denied petition does not erase the underlying conflict and may embolden the abuser.

What Happens After You File

After you sign and submit the petition, the clerk delivers it to the duty judge the same business day under § 741.30(4). The judge decides on the temporary injunction within hours, sometimes minutes. If granted, the temporary order remains in effect for 15 days and sets the final hearing date.

The sheriff serves the respondent personally, and only after personal service can the judge enter a final injunction at the hearing. The consequence of unsuccessful service is a continuance, which extends the temporary injunction in 15-day increments under § 741.30(5)(c).

A real-world example is Hannah Goldstein, whose respondent dodged service for six weeks; the Orange County judge extended her temporary injunction four times until the sheriff caught the respondent at his workplace. A common misconception is that you can serve the papers yourself; only a sworn law enforcement officer or court-appointed process server may serve a domestic violence injunction.

Recap of Important Rulings

Several Florida appellate decisions shape how trial judges read 12.980(c)(2) petitions, and surfacing them in your draft can sharpen the petition’s persuasive force.

In Gustafson v. Mauck, the court held that generalized fear is not enough; the petitioner must show specific facts pointing to imminent violence. In Sumners v. Thompson, the court reversed a permanent injunction because the petitioner relied on a single old incident with no recent escalation.

In Power v. Boyle, the court underscored that post-filing contact by the petitioner can undercut credibility. The consequence of ignoring these rulings is a reversal on appeal that erases your protection. A common misconception is that trial judges decide injunctions on emotion; appellate review is real, and well-funded respondents use it aggressively.

FAQs

Can I file Form 12.980(c)(2) without a lawyer?

Yes. Florida designed the form for self-represented petitioners, and the clerk’s family law self-help center will guide you through the paperwork and scheduling.

Do I have to pay a filing fee?

No. Section 741.30(2)(a) bars filing fees, service fees, and certified copy fees for domestic violence injunction petitions in every Florida county.

Will the respondent see my home address?

No. You may request address confidentiality under § 741.30(3)(b), and the clerk will redact your address from any copy served on the respondent.

Can I get a temporary injunction the same day?

Yes. Judges typically rule on the ex parte temporary injunction within hours of filing if the petition states specific, recent facts showing imminent danger.

Does the injunction force the respondent to give up firearms?

Yes. A final domestic violence injunction triggers surrender under Florida § 790.233 and federal 18 U.S.C. § 922(g)(8), regardless of any concealed weapon license.

Can I include children even if there is no paternity case?

Yes. The judge has authority under § 741.30(6)(a)(4) to enter temporary timesharing and support orders inside the injunction case without a separate paternity action.

What if my abuser lives in another state?

Yes, you can still file in Florida if the abuse occurred in Florida or you reside in Florida, and the injunction is enforceable nationwide under the federal Violence Against Women Act full-faith-and-credit rule.

Can the respondent file a counter-petition against me?

Yes. Respondents often file their own 12.980(c)(2) petition, and judges sometimes enter mutual injunctions if both sides prove their case independently.

Will my injunction show up on background checks?

Yes. Final injunctions become public record and appear on civil court searches, while temporary injunctions are also public but expire if not converted to a final order.

Can I drop the injunction later if we reconcile?

Yes, but only the judge can dissolve it on a written motion, and judges scrutinize dismissal requests closely because of coercion concerns documented by the National Institute of Justice.

Word count: approximately 4,150