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Temporary Restraining Order Sample With Motion In Broward
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State:
Multi-State
County:
Broward
Control #:
US-000299
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Word;
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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.
To warrant preliminary injunctive relief, the moving party must show (1) a substantial likelihood of success on the merits, (2) that it would suffer irrepa- rable injury if the injunction were not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest ...
Once a restraining order is issued, it becomes a matter of public record, accessible to potential employers, landlords, and others conducting background checks. A restraining order may appear on a person's record even if they were never charged with or convicted of a criminal offense.
If the court grants the injunction: There will be a hearing on the extension of that injunction generally within 15 days from the date the Temporary Injunction was issued. You must attend the hearing or the hearing may be rescheduled or the injunction may be dismissed.
Order IX, rule 1(c) provides that temporary injunction may be granted where, in any suit, it is proved by the affidavit or otherwise, that the defendant threatens to disposses the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the Court may by order grant a ...
Standard of Proof 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.
(d) Motion to Dissolve. A party against whom a temporary injunction has been granted may move to dissolve or modify it at any time. If a party moves to dissolve or modify, the motion shall be heard within 5 days after the movant applies for a hearing on the motion.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year.
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
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A restraining order is an injunction. A temporary restraining order can be granted immediately, without a hearing and without any notice to the opposing party.Injunctions are commonly referred to as "restraining orders". Motion for Modification of Injunction for Protection Against Domestic, Repeat, Dating or Sexual Violence, or Stalking. Form Number 12.980(j). Additional resources include a directory of local self-help centers. An injunction (sometimes referred to as a restraining order) is a court order that tells one person to stay away from and not contact another person. You will have to reopen the case in Broward County Circuit Court, 201 SE th St, and file a motion to dissolve it. Have you been served with a subpoena, in Broward County for a "Restraining Order" or "Temporary Injunction" for domestic violence or some other allegation? If there is a case pending, however, it must be noted in the petition.