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Permanent Injunction Order With Motion To Dismiss In Broward
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State:
Multi-State
County:
Broward
Control #:
US-000299
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Word;
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FAQ
A permanent injunction is a court order requiring a person to do or cease doing a specific action that is issued as a final judgment in a case.
Motion to Dissolve or Dismiss: You can file a motion with the court requesting that the injunction be dissolved or dismissed. This motion must demonstrate a change in circumstances or provide evidence that the injunction is no longer necessary.
As such, an injunctive relief will be overturned if the appellate court finds that the trial court issued the relief based on an misapplication of the law or an erroneous factual finding. Injunctive relief is generally only granted in extreme circumstances.
Filing a motion to dismiss an injunction is a structured process that requires attention to detail. In Florida, you must complete specific forms, such as 12.940(d), for modifying or dissolving a temporary injunction. These forms are typically filed in the same court where the original injunction was issued.
If your want to lift the injunction, you have to file a Motion to Dismiss the injunctions and set it for hearing in front of the court that issued the injunction. You will have to attend the hearing and explain to the judge the reasons you are no longer in fear of the Respondent and why you want the injunction dropped.
You can and should appeal your injunction, if you are not happy with the outcome. However, you must do so within so many days of the entry of the final order of injunction. Injunctions are created by statute and interpreted by case law (or precedent).
If your want to lift the injunction, you have to file a Motion to Dismiss the injunctions and set it for hearing in front of the court that issued the injunction. You will have to attend the hearing and explain to the judge the reasons you are no longer in fear of the Respondent and why you want the injunction dropped.
If a Permanent Injunction is granted, it will be effective until it is changed or ended by the judge at either party's request, after notice and hearing, or until a specific date set by the judge (i.e., 1 year, 3 years, 5 years, etc.).
If your want to lift the injunction, you have to file a Motion to Dismiss the injunctions and set it for hearing in front of the court that issued the injunction. You will have to attend the hearing and explain to the judge the reasons you are no longer in fear of the Respondent and why you want the injunction dropped.
Injunctions can last a week, a month, 6 months, a year, 2 years, 5 years, or forever. How long an injunction lasts is really up to the judge. An injunction can last any amount of time.
More info
12.940(d) Motion to Modify or Dissolve Temporary Injunction. (not intended for use in DV cases) Download: PDF Download of 12.940(d)Petitions for injunctions may be filed with the clerk of court at the Main Courthouse in room 2140 or at the West Satellite Courthouse. To dissolve a restraining order in Florida, the respondent must prove that the circumstances that granted the injunction no longer exist. One of the first steps in getting an injunction dismissed is to establish valid grounds for its dissolution. What is an injunction? An injunction is a court order, also referred to as a restraining order, that directs a person not to have any contact with you. You will have to reopen the case in Broward County Circuit Court, 201 SE th St, and file a motion to dissolve it. Review the petition and determine if we can file a motion to dismiss the injunction. Additional resources include a directory of local self-help centers.