Temporary Injunction Form For Protection Against Domestic Violence In Broward
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FAQ
The injunction is something ordered by the judge that can either be permanent or for a specific period of time. The restraining order usually only happens at the beginning of the case, once the person is served with a temporary restraining order and that will only last until the injunction hearing.
Temporary Injunction Plaintiff will suffer irreparable harm; Plaintiff has no adequate remedy at law; Plaintiff has a substantial likelihood of success on the merits; and. A temporary injunction will serve the public interest.
Courts in California apply the “preponderance of the evidence” standard to DVROs when deciding whether to grant or not the restraining order. “Preponderance of the evidence” means that the evidence shows that the abuse likely happened rather than not.
In Florida, a petitioner for an injunction must establish by “preponderance of the evidence” (i.e. greater weight of the evidence) that he or she is either a victim of domestic violence or is in imminent danger of being a victim of domestic violence. See: Rollins v. Rollins, 336 So. 3d 1241 (Fla.
There are many eq- uitable affirmative defenses to injunctive relief, such as laches, prematurity, and unclean hands. In most cases in which injunctions are denied, it is for the moving party's failure to satisfy its burden of proof.
At the hearing, you can defend yourself by demonstrating that the claims against you are false or exaggerated. You might also argue that the injunction is unnecessary or that the petitioner is using the injunction process to gain an unfair advantage in a related issue, such as a custody dispute or divorce.
Write a short and plain statement of the claim. Do not make legal arguments. State as briefly as possible the facts showing that each plaintiff is entitled to the injunction or other relief sought.
Florida Law establishes that an injunction can be issued “at the discretion of the court upon a finding of reasonable cause.” With such a low burden of proof, the petitioner only needs to present minimal evidence of harm or imminent danger to have an injunction ordered.
How to File a Restraining Order in Florida. Gather Information. Collect any documentation or evidence supporting your claim of domestic violence. Complete the Petition. File the Petition. Temporary Hearing/Injunction. Final Hearing. Serving the Order. Enforcing the Order. Emotional/Psychological Toll.
Step 1: Go to the district court to begin the filing process. Step 2: Fill out the petition. Step 3: A judge reviews your petition and may grant you a temporary restraining order. Step 4: Service of process. Step 5: The TRO/injunction hearing.
