Violations/Modifications

Injunction Violations

You may file a violation if you have a valid Final Injunction for Protection Against Domestic, Repeat, Dating, or Sexual Violence, or Stalking, in force which has been violated. If Respondent violates the terms of this Final Injunction and there has not been an arrest, Petitioner may file a Petition by Affidavit For Order To Show Cause For a Violation of Final Judgment of Injunction (form 12.980(w), and a State Attorney’s Questionnaire at the Collier County Courthouse, Domestic Violence Department.

A Violation may be filed with the Clerk of the Circuit Court of the county in which the injunction was ordered, or Petitioner may contact the State Attorney’s office for assistance in filing an action for indirect civil contempt or indirect criminal contempt. Upon receiving such a report, the State Attorney is hereby appointed to prosecute such violations by indirect criminal contempt proceedings, or the State Attorney may decide to file a criminal charge, if warranted by the evidence.

Violations of an injunction, whether or not at the invitation of Petitioner or anyone else, may subject Respondent to civil or indirect criminal contempt proceedings, including the imposition of a fine or imprisonment. Certain willful violations of the terms of this injunction, such as: refusing to vacate the dwelling that the parties share; going to or being within 500 feet of Petitioner’s residence, going to Petitioner’s place of employment, school, or other place prohibited in this injunction; telephoning, contacting or communicating with Petitioner if prohibited by this injunction; knowingly or intentionally coming within 100 feet of Petitioner’s motor vehicle, whether or not it is occupied; defacing or destroying Petitioner’s personal property; refusing to surrender firearms or ammunition if ordered to do so by the Court; or committing an act of domestic violence against Petitioner, constitutes a misdemeanor of the first degree punishable by up to one year in jail, as provided by sections 775.082 and 775.083, Florida Statutes.

Modifications

You must file a motion for modification before the previously entered Final Injunction expires.

A party may request to modify a previously entered Final Injunction for Protection if you want the Court to modify terms. If you file for a modification, you are called the moving party. When requesting a modification you will to need to file a Motion for Modification of Final Injunction (form 12.980(j), a Notice of Hearing (form 12.923), and a Process Service Memorandum (form 12.910(b)) at the Collier County Courthouse, Domestic Violence Department.  The Deputy Clerk will provide the court date and time upon filing for you to include on the Notice of Hearing. Once you have filed the documents they will be sent by the Clerk to the Collier County Sheriff’s Office for service (delivery) upon the other party, or to the Sheriff in the county in which the other party resides. If the party to be served lives outside of Collier County you will need to contact the Sheriff’s office in the county in which that party lives to obtain the mailing address for the service packet to be sent to, and to determine if there will be a fee required for service. You will need to appear at the hearing on your motion for modification.

After the hearing, if the judge grants your motion, he or she will prepare a new injunction for protection that contains the modifications. After the judge signs the new injunction, the clerk will provide you with the necessary copies. Make sure that you keep a certified copy of the new injunction with you at all times!

If the injunction you are seeking to modify is for domestic violence and you want the Court to modify alimony, child support, or time-sharing of minor child(ren), you must establish that there has been a change in circumstance(s), as required by chapter 61, Florida Statutes, or chapter 741, Florida Statutes, as applicable, that requires this (these) modification(s).

Dismiss

Either the Petitioner or Respondent can file a motion to dismiss the injunction. The Court will consider whether the party moving for the dismissal has demonstrated that the facts underlying the injunction no longer exist or are based on a change in circumstances. When requesting a dismissal of the Final Injunction you should make sure that your reasons are stated clearly and that you include all relevant facts. To request a dismissal, you need to file a Motion for Modification of Final Injunction (form 12.980(j)), a Notice of Hearing (form 12.923), and a Process Service Memorandum (form 12.910(b)) at the Collier County Courthouse, Domestic Violence Department. The Deputy Clerk will provide the court date and time upon filing for you to include on the Notice of Hearing. Once you have filed the documents they will be sent by the Clerk to the Collier County Sheriff’s Office for service (delivery) upon the other party, or to the Sheriff in the county in which the other party resides. If the party to be served lives outside of Collier County you will need to contact the Sheriff’s office in the county in which that party lives to obtain the mailing address for the service packet to be sent to, and to determine if there will be a fee required for service.  You will need to appear at the hearing on your motion for modification.