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Representing Yourself in a Dating Violence Injunction Hearing in Florida

Overview

Florida law recognizes that individuals involved in intimate or romantic relationships may experience violence, threats, or coercion that warrants judicial intervention even outside a household or marriage. The Dating Violence Injunction, authorized by Florida Statute §784.046 and governed procedurally by Form 12.980(n), provides an equitable civil remedy for protection against such acts. This injunction is distinct from domestic or repeat violence injunctions; its scope is defined by the existence of a “continuing and significant romantic or intimate relationship” within the preceding six months. Representing yourself in this process means you will navigate the evidentiary hearing, presentation of proof, and legal argument without counsel, while maintaining compliance with courtroom rules and decorum.

The injunction process is structured to ensure fairness, accessibility, and due process for both petitioner and respondent. The petitioner initiates the case through a verified petition outlining the incidents of dating violence or threats thereof. Once filed, the court may issue a temporary injunction ex parte if immediate danger is apparent. A final hearing is then scheduled—usually within fifteen days—where both parties may appear, present testimony, introduce exhibits, and question witnesses. The judge’s role is to determine, by a preponderance of the evidence, whether dating violence occurred or whether the petitioner has reasonable cause to fear imminent violence.

For self-represented petitioners, the hearing phase is both the most critical and most challenging component. It requires knowledge of procedural fairness, evidentiary presentation, and statutory elements. Although courts provide some latitude for nonlawyers, petitioners are still held to standards of clarity, relevance, and factual sufficiency. The court expects concise testimony, organized exhibits, and respectful behavior throughout. Understanding courtroom etiquette and the burden of proof significantly increases the likelihood of securing continued protection.

This guide provides a detailed, ten-step analysis of how to effectively represent yourself in a Florida Dating Violence Injunction hearing. It explains who qualifies, how to prepare evidence, what to expect at each stage, and the potential outcomes. The information herein is derived from Florida’s Family Law Rules of Procedure, judicial administrative orders, and appellate interpretations of §784.046. It is written in the formal legal-explanatory tone suitable for LegalAtoms’ reference materials, ensuring both accessibility for laypersons and compliance with statutory accuracy.

Who Can Apply

A Dating Violence Injunction is available to any individual—regardless of gender—who has either suffered dating violence or has reasonable cause to believe they are in imminent danger of becoming a victim of dating violence. Under §784.046(1)(d), “dating relationship” means a continuing and significant romantic or intimate relationship characterized by the expectation of affection or sexual involvement within the past six months. The relationship must have existed for a period of time and frequency of interaction that reflects continuity, and must not have been casual or social in nature. Importantly, neither a mere acquaintance nor a brief sexual encounter qualifies under the statute.

The petitioner must file in the county where the violence occurred or where either party resides. Minors under eighteen may petition through a parent, guardian, or legal custodian, who represents the minor’s interests in court. Florida’s clerks of court are mandated to provide these forms free of charge and to assist with formatting—not substantive legal advice. Petitioners must clearly identify two elements: (1) that a qualifying dating relationship existed, and (2) that an act or threat of violence occurred or is imminent. Unlike criminal prosecution, prior police reports are not mandatory; sworn testimony and corroborating evidence suffice.

Respondents, conversely, are any individuals alleged to have committed or threatened violence within the defined dating relationship. They have a right to notice, to appear, and to defend against the allegations. Petitioners representing themselves should recognize that the court’s concern is not moral judgment but personal safety and statutory compliance. If the relationship does not meet the dating threshold, the petition may be reclassified as a repeat violence or stalking injunction instead. Proper classification ensures judicial economy and prevents procedural dismissal. Thus, before appearing in court, self-represented litigants should review their facts under §784.046(1)(d) carefully to confirm jurisdiction and eligibility.

Benefits of Seeking the Injunction

The Dating Violence Injunction provides a legally enforceable order restraining the respondent from engaging in further violence or contact with the petitioner. Upon issuance, it is entered into the Florida Crime Information Center (FCIC) and National Crime Information Center (NCIC) databases, ensuring recognition by all law enforcement agencies nationwide. The relief may include prohibiting physical proximity, communication (direct or indirect), and firearm possession. The injunction can also mandate participation in counseling or intervention programs, reflecting the court’s commitment to both protection and rehabilitation.

For petitioners representing themselves, one of the primary advantages is procedural accessibility. Florida’s judiciary has streamlined the process for pro se litigants through standardized forms, clerk assistance, and self-help centers within circuit courthouses. There are no filing fees, and interpreters are provided upon request. The court’s Family Law Division typically prioritizes these cases, offering expedited hearings and simplified evidentiary procedures. The petitioner’s safety is paramount—temporary protection can often be granted within hours of filing.

From a legal standpoint, injunctions serve both protective and preventive functions. They create immediate enforceable boundaries, deterring escalation and providing an evidentiary record that supports future criminal prosecution if violations occur. The injunction also functions as a deterrent, signaling to the respondent that further contact constitutes a criminal offense. Petitioners further benefit from judicial oversight: hearings are presided over by judges trained in interpersonal violence law, ensuring sensitivity and adherence to statutory mandates.

Step 1: Preparing for Your Hearing and Understanding the Legal Standard

The first step in representing yourself effectively is understanding what the court must find to grant or deny your petition. Florida Statute §784.046(2)(b) requires proof that an act of dating violence has occurred or that the petitioner has reasonable cause to believe such violence is imminent. “Violence” includes assault, battery, sexual assault, stalking, kidnapping, or any criminal act resulting in injury or death. The standard of proof is preponderance of the evidence, meaning that the judge must find it more likely than not that violence occurred or that there is a credible threat of harm. This is a lower burden than the “beyond a reasonable doubt” standard used in criminal trials, but it still requires specific, persuasive evidence.

Preparation begins with a clear factual chronology. Write a timeline of events, identifying dates, times, locations, and witnesses for each incident. Avoid emotional language and focus on factual accuracy—judges prioritize clarity and relevance. Collect all evidence that supports your account, including police reports, photographs, text messages, emails, or social media records. Label these exhibits sequentially and bring three copies: one for yourself, one for the judge, and one for the respondent. Courts appreciate organization and transparency, especially from self-represented litigants.

Familiarize yourself with courtroom procedures. The judge controls the hearing and will permit you to speak, question witnesses, and present exhibits in a structured sequence. Dress respectfully, arrive early, and address the court as “Your Honor.” Rehearse your statement so you can communicate confidently and concisely. If you become emotional, pause and breathe—credibility stems from composure. Understanding the legal standard ensures you frame your testimony within statutory definitions rather than general grievances, greatly increasing your persuasiveness. Step 1 sets the foundation for a professional, evidence-based presentation consistent with judicial expectations.

Step 2: Organizing and Presenting Evidence Effectively

Evidence is the cornerstone of your hearing. Florida courts apply the Florida Evidence Code (Ch. 90) even in injunction proceedings, though with limited flexibility for pro se litigants. Judges will consider both documentary and testimonial evidence but require that each exhibit directly relate to an allegation in your petition. Organize your materials logically: chronological order works best, supported by brief notes describing how each exhibit corroborates your testimony. Avoid submitting irrelevant or redundant materials—they can distract and weaken your presentation.

Physical evidence includes photographs, damaged property, medical records, or police reports. Digital evidence comprises emails, texts, call logs, or social media posts showing threats or harassment. When presenting digital materials, print copies with visible timestamps and sender information. Highlight the portions most relevant to your claim. Witnesses are also valuable—neighbors, friends, or law enforcement officers who personally observed the respondent’s conduct. Remember that hearsay (“someone told me”) is generally inadmissible unless it meets a statutory exception.

During the hearing, you must formally introduce each exhibit for identification: “Your Honor, I am offering Exhibit A, a photograph taken on March 5 showing bruising on my arm after the respondent grabbed me.” The judge may ask the respondent if they object. Remain calm and answer questions directly. If the judge sustains an objection, do not argue—move to your next point. Precision and respect earn credibility. Finally, always align your evidence with statutory language: identify each act as “battery,” “threat,” or “stalking,” not “argument” or “conflict.” This reinforces that your case meets the legal definitions under §784.046(1)(a).

Step 3: Preparing and Examining Witnesses

Witnesses lend credibility to your petition by corroborating key facts. Identify anyone who saw, heard, or otherwise directly experienced events described in your petition. Direct witnesses include friends who observed an assault, coworkers who overheard threats, or responding officers who documented the scene. Indirect witnesses may confirm your demeanor or fear following incidents. When calling a witness, ensure they can appear in person or via approved virtual attendance if the court allows remote hearings. Subpoenas, available from the clerk’s office, can compel attendance if necessary.

Prepare witnesses carefully. Meet with them beforehand to review what they observed and what they will testify to. Explain courtroom procedure: they will be sworn in, questioned first by you, then cross-examined by the respondent. Instruct them to answer only what they know firsthand and to speak calmly, clearly, and truthfully. Avoid coaching or rehearsing exact phrases—credibility depends on authenticity. During the hearing, keep your questions open-ended and factual: “What did you see on June 3?” “Where were you when that occurred?” Avoid leading questions unless permitted on cross-examination.

When examining witnesses, remain courteous and maintain control. If the respondent interrupts or objects, pause until the judge rules. After all witnesses testify, thank them and move smoothly to your closing argument. Remember that the judge’s decision will depend on evidence and demeanor more than volume or passion. Step 3 ensures your presentation of witnesses supports the evidentiary framework you’ve built, establishing consistency, corroboration, and professionalism—the hallmarks of a credible self-represented petitioner.

Step 4: Attending the Hearing and Understanding Courtroom Procedure

Step 4 focuses on the logistics and decorum of your courtroom appearance. Florida’s circuit courts are formal judicial environments governed by the Florida Rules of Judicial Administration and local administrative orders. The hearing is typically held in a family-law division, though some circuits consolidate injunction cases into a dedicated domestic-violence docket. Self-represented petitioners should arrive at least thirty minutes early to pass security screening, locate the assigned courtroom, and organize documents. Bring three labeled sets of your petition and exhibits—one for yourself, one for the judge, and one for the respondent. Cell phones must be silenced, and food or beverages are prohibited. When your case is called, approach the bench promptly and identify yourself as “the petitioner” in clear, respectful language.

The judge will verify service of process on the respondent. If service was not completed, the court may continue the case and extend the temporary injunction; if service was proper, the hearing proceeds immediately. You will be sworn under oath before testifying. The court’s goal is to determine whether the statutory requirements of §784.046(2)(b) are satisfied: that an act of dating violence occurred or that you have reasonable cause to fear imminent violence. The proceeding is civil in nature, meaning there is no jury—only the judge decides based on evidence and testimony presented.

During the hearing, the petitioner presents first, followed by the respondent. Begin with a concise opening statement summarizing your relationship, the incidents, and the relief you seek. Use dates and facts rather than emotional characterizations. Then present your witnesses and documentary evidence in the sequence you outlined in preparation. Judges appreciate efficiency—avoid repetition and focus on material details. When the respondent testifies, refrain from interrupting; you will have an opportunity for cross-examination after they finish. Address all questions to the judge, never directly to the respondent.

Maintain professionalism at all times. Emotional testimony is natural, but aggressive gestures, interruptions, or accusations can detract from credibility. Judges look for composure under stress as an indicator of truthfulness. If the respondent or their counsel objects, pause until the court rules. Remember that you may request clarification if a legal term or procedural step is unclear—the court will generally accommodate reasonable requests from self-represented litigants.

Finally, prepare a succinct closing statement summarizing how your evidence meets statutory elements: a qualifying dating relationship, acts or threats of violence, and ongoing fear of harm. Reiterate your request for a final injunction specifying no-contact provisions, distance restrictions, and firearm surrender. Thank the court for its attention. Step 4 underscores that procedural readiness and respect for decorum are as persuasive as factual proof; judges favor petitioners who demonstrate understanding of process and seriousness of purpose.

Step 5: Responding to Cross-Examination and Presenting Rebuttal Evidence

Cross-examination is a critical juncture of any evidentiary hearing. It allows each party to test the accuracy and credibility of testimony offered. When you represent yourself, you will both answer questions posed by the respondent and have the opportunity to question them or their witnesses. The judge will guide this process closely to maintain fairness. When questioned by the respondent, listen carefully and answer directly. Avoid volunteering extra information—respond only to what is asked. If a question is confusing, you may ask, “Your Honor, may the question be repeated?” or state politely that you do not understand. Do not argue with the respondent or comment on their demeanor; direct all communication to the court.

If the respondent makes false or misleading statements, note them quietly and address them later in rebuttal. Emotional reactions can undermine credibility; instead, rely on documents or witnesses to contradict inaccuracies. When it is your turn to cross-examine the respondent, focus on inconsistencies or admissions relevant to the statutory criteria. For example: “You texted me on April 14 after the temporary injunction, correct?” Avoid broad or argumentative questions such as “Why did you hurt me?”—these invite narrative rather than fact. Judges favor targeted, respectful questioning demonstrating self-control and mastery of facts.

Rebuttal evidence comes after both sides rest their initial cases. This is your chance to correct or clarify disputed points using additional exhibits or brief testimony. You may recall yourself to the stand if necessary, but limit your statements to matters raised during the respondent’s presentation. The court will not allow new issues outside the pleadings. Maintain the same structured format used earlier: reference specific dates, documents, or witness observations.

Step 5 tests your composure and adaptability. Representing yourself effectively under cross-examination signals maturity and credibility. Judges understand that petitioners may be anxious, but they assess how well you distinguish emotion from fact. Calm, organized responses convey reliability, whereas defensiveness may appear evasive. Remember that the goal is not to “win an argument” but to demonstrate, by consistent evidence, that ongoing protection is justified under Florida law.

Step 6: Delivering an Effective Closing Argument

After both parties have presented their cases, the court invites closing arguments. This is your final opportunity to synthesize the evidence and persuade the judge that a final injunction is warranted. An effective closing argument is structured, concise, and firmly rooted in the legal standard. Begin by restating the purpose of your petition: “Your Honor, I respectfully request entry of a Final Judgment of Injunction for Protection Against Dating Violence under §784.046.” Then summarize the three statutory elements: (1) existence of a qualifying dating relationship; (2) acts or threats of violence; and (3) reasonable fear of imminent harm. Link each element to specific exhibits or testimony presented.

Avoid emotional appeals; focus on facts. Judges are obligated to base decisions on evidence, not sympathy. For example, state: “Exhibit B shows text messages in which the respondent threatened to follow me home. Officer Ramirez testified he observed the respondent outside my residence two hours later. This corroborates both threat and intent.” Such statements demonstrate logical reasoning aligned with the statutory framework.

Address counter-arguments briefly. If the respondent claimed accidental contact or misinterpretation, emphasize consistency in your evidence and any corroboration by neutral witnesses. Reiterate that your request is preventive, not punitive—you seek safety, not retribution. Judges appreciate acknowledgment of due process principles. Conclude with a clear request: specify the relief sought, such as no-contact, stay-away distances, or surrender of firearms. Thank the court respectfully for its attention and reiterate your confidence that the record satisfies the statutory burden.

Step 6 encapsulates professionalism. Even without an attorney, you demonstrate mastery of procedure when you articulate arguments using structured legal reasoning. The closing argument is not repetition—it is interpretation. It allows the judge to visualize the legal conclusion drawn from the evidence. Many self-represented petitioners underestimate its importance; however, a coherent closing statement often clarifies residual doubt and influences the court’s findings.

Step 7: Understanding Judicial Findings and Issuance of the Final Order

Once both parties finish their arguments, the judge deliberates and announces findings, either immediately from the bench or later in a written order. The judge must determine whether the evidence meets the statutory threshold by a preponderance of the evidence. The written order, titled Final Judgment of Injunction for Protection Against Dating Violence, specifies the relief granted—no-contact provisions, distance requirements, firearm prohibitions, and duration of the injunction. The judge may issue the order for a fixed term (commonly one year) or indefinitely if risk appears ongoing. The document also warns the respondent that any violation constitutes a separate criminal offense under §784.047.

For petitioners, understanding the scope and enforcement of the final order is essential. Review each section before leaving the courtroom. Confirm spelling of names, addresses, and distances; errors can impede enforcement. Request certified copies—one for personal records and one for local law enforcement. The clerk will transmit the order electronically to the sheriff for entry into the FCIC/NCIC databases within twenty-four hours. Carry a copy at all times until the order appears in the system.

If the judge denies the injunction, the written order will state specific reasons. Denials often stem from insufficient evidence of imminent danger or lack of proof that a qualifying dating relationship existed. Petitioners may appeal within 30 days to the district court of appeal or file a new petition if new incidents occur. Courts sometimes issue “mutual stay-away” directives when both parties present credible fear; however, mutual injunctions are rare and require separate verified petitions. Step 7 therefore concludes the adjudicative phase: either granting enforceable protection or clarifying the evidentiary deficiencies to address in future filings.

Step 8: Receiving and Enforcing the Final Injunction

Once the judge signs the Final Judgment of Injunction for Protection Against Dating Violence, it becomes a binding court order enforceable statewide and entered into both the Florida Crime Information Center (FCIC) and National Crime Information Center (NCIC) databases. The order takes effect immediately upon issuance, but for enforcement purposes it must first be served upon the respondent. The clerk’s office transmits certified copies to the county sheriff, who personally serves the respondent within a few days. Only after service may law enforcement arrest the respondent for violating its terms. Petitioners representing themselves must verify service completion by contacting the clerk or sheriff’s civil division.

The injunction’s terms will specify the exact prohibitions: no physical proximity within a set distance (often 500 feet), no direct or indirect communication, and mandatory surrender of firearms or ammunition. The respondent is also barred from contacting the petitioner via third parties, electronic messages, or social media. The order may include additional relief such as temporary exclusive use of a shared residence or directives for counseling participation. Petitioners should read the order line by line before leaving the courthouse. Any unclear sections should be clarified immediately with the clerk or courtroom deputy.

To ensure protection, keep several certified copies of the injunction—in your purse, vehicle, and workplace. Provide one to your local police department and, if applicable, to your employer or school. In emergency situations, officers can verify the injunction through state databases, but carrying a certified copy enables immediate response if electronic access is delayed. Petitioners should familiarize themselves with the enforcement process: any willful violation—contact, stalking, appearance near restricted areas—constitutes a criminal offense under §784.047. Law enforcement may arrest without warrant based on probable cause.

If the respondent violates the order, call 911. Provide officers with a copy of the injunction and describe the violation factually, including time, location, and witnesses. Law enforcement will document the incident and forward reports to the State Attorney for prosecution. Petitioners should also file a Motion for Enforcement or Contempt through the clerk’s office. The court can impose sanctions, extend the injunction, or add restrictions. Enforcement does not end with the hearing—it begins there. The injunction’s power lies in vigilance, documentation, and cooperation between petitioner and law enforcement.

Step 8 thus transforms the written order into practical protection. By ensuring service, safeguarding documentation, and understanding enforcement mechanisms, a self-represented petitioner converts judicial relief into daily security. Awareness of these responsibilities reinforces the injunction’s authority and preserves its deterrent effect long after the hearing concludes.

Step 9: Responding to Violations and Post-Hearing Motions

Even after the final injunction issues, court involvement may continue through enforcement and modification proceedings. Violations, accidental or deliberate, must be documented promptly. Step 9 guides petitioners through legal recourse when respondents disregard court orders. A violation occurs when a respondent knowingly contacts, follows, harasses, or threatens the petitioner, directly or indirectly. Each violation is a separate criminal act under §784.047, punishable by up to one year in jail or probation, and enhanced penalties for repeated or violent conduct.

When a violation occurs, the petitioner should take immediate and measured steps. First, ensure safety—contact law enforcement and move to a secure location. Provide officers with a certified copy of the injunction and give a factual account of events. Request a case number and obtain the responding officer’s information. Follow up within 24 hours to confirm that the report was forwarded to the State Attorney’s Office. The State Attorney determines whether to pursue criminal charges; however, petitioners may also file a Motion for Contempt or Enforcement independently at the clerk’s office. This motion triggers a hearing before a judge, who can impose civil sanctions such as fines, extended injunction terms, or incarceration for contempt.

Self-represented petitioners must prepare for enforcement hearings similarly to the initial injunction hearing. Bring copies of the injunction, police reports, photographs, call logs, and witness affidavits. Clearly describe how the respondent’s behavior violated specific sections of the order—courts require precision. For example, rather than stating “he contacted me again,” specify “the respondent sent text messages on May 12 and appeared outside my office on May 13, within 100 feet, contrary to paragraph six of the injunction.” Judges respond to factual, documented patterns.

Beyond enforcement, either party may file post-hearing motions. Respondents sometimes request modification or dissolution, claiming changed circumstances or compliance. Petitioners may oppose such motions by demonstrating continuing fear or ongoing contact attempts. Similarly, petitioners can move to modify terms—extending duration, adjusting stay-away distances, or clarifying ambiguous provisions. Each motion requires notice and a new hearing; until a judge modifies the order, the existing injunction remains in full effect.

Step 9 highlights that judicial protection is not static—it requires vigilance and periodic reaffirmation. Florida’s system allows swift recourse through both criminal and civil channels, ensuring that even without an attorney, a petitioner can assert rights effectively by maintaining documentation, engaging law enforcement, and invoking the court’s continuing jurisdiction.

Step 10: Renewal, Modification, and Dissolution of the Injunction

Florida’s protective injunctions, including those for dating violence, are generally issued for a specific duration—commonly one year—unless the court orders otherwise. As expiration approaches, petitioners must evaluate whether continued protection is necessary. Renewal is not automatic. To extend the injunction, file a Motion to Extend Injunction before it expires, detailing reasons for continued fear or new incidents of contact or harassment. The motion should include dates, evidence, and any supporting documentation. Courts typically schedule renewal hearings within two to three weeks. If the injunction expires before renewal, protection lapses and a new petition must be filed.

Modification allows the court to adjust terms without dissolving the injunction. Petitioners may request stronger restrictions (such as increased distance) or removal of unnecessary provisions once risk decreases. Respondents may seek modification to restore limited contact for legitimate purposes—such as exchanging property or attending shared community events—but only with court approval. Both parties must demonstrate changed circumstances since the original order. The judge considers ongoing risk, compliance history, and the petitioner’s testimony.

Dissolution, on the other hand, ends the injunction entirely. A petitioner may move for dissolution if they feel safe and no longer require judicial protection. The court will confirm that the request is voluntary and free from coercion. Once dissolved, all restrictions terminate, and the respondent’s civil rights are restored. Petitioners should approach dissolution cautiously; re-filing requires proof of new violence or threats.

Long-term, the injunction’s presence in state and federal databases affects both parties. For petitioners, it serves as a documented record of judicial protection—valuable if new incidents arise. For respondents, compliance demonstrates rehabilitation, while violations create lasting criminal records. Step 10 reinforces the dynamic nature of protective relief: the injunction evolves with circumstances, ensuring that the court’s authority remains responsive, equitable, and focused on ongoing safety.

Associated Costs

Petitioners incur no costs when filing or enforcing a dating-violence injunction. Pursuant to §784.046(3)(a), clerks of court, sheriffs, and law-enforcement agencies may not collect filing, service, or certification fees from petitioners. Certified copies of the injunction are also free at the time of issuance. The State of Florida funds these processes to remove financial barriers to safety. Respondents, however, may bear costs if found in violation—fines up to $1,000 per incident, restitution for property damage, or payment of counseling fees mandated by the court. Post-hearing transcripts or appeal filings are optional and carry standard costs for any civil appeal. The financial structure ensures equal access to justice while imposing accountability on violators.

Time Required

Florida’s injunction system prioritizes speed. From initial filing to final hearing typically takes 10–15 days. Temporary ex parte injunctions are reviewed the same day or next business day, providing immediate relief. Enforcement actions after violations move quickly—most contempt or violation hearings are scheduled within two weeks. Renewal motions are likewise expedited, often resolved within a month. Petitioners representing themselves should plan for multiple court appearances, particularly for extensions or enforcement. Despite rapid scheduling, preparation time remains critical: gathering documentation and witnesses early ensures efficient presentation within the state’s accelerated timeline.

Limitations and Cautions

While injunctions are powerful legal tools, they are not absolute shields. They rely on enforcement by law enforcement and courts, and on the petitioner’s diligence in reporting violations. The order does not guarantee physical safety if the respondent disregards legal boundaries; thus, parallel safety planning—secure housing, workplace alerts, and emergency contacts—remains essential. Misuse of the process, including exaggeration or false testimony, undermines judicial integrity and can result in dismissal or sanctions. Petitioners must ensure every statement and exhibit are truthful and consistent. Courts also caution that injunctions are civil, not criminal; they do not adjudicate damages, compensation, or unrelated disputes such as property or custody unless specifically linked to safety. Respecting these boundaries preserves the injunction’s legitimacy and effectiveness.

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