This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Temporary Injunction Form For Florida In Contra Costa
Category:
State:
Multi-State
County:
Contra Costa
Control #:
US-000299
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions , Temporary restraining orders and preliminary injunctions . Temporary restraining orders (TRO) and preliminary injunctions are equitable in nature.
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.
If the judge decides the sworn allegations contained in the paperwork meet the requirements of Florida law for the issuance of an injunction, the judge will enter a Temporary Injunction, which will be valid for 15 days.
Injunction – Disadvantages Aside from specific performance, where a court forces a party to fulfill a contractual obligation, it is more difficult to use an injunction to force another party to do something. Also, parties may have only a limited amount of time to petition the court for an injunction.
If you have an injunction against you but have not been arrested or convicted of violating it, it won't show up on a criminal background check. However, injunctions are public record and can be found in court databases.
During normal working hours, a Petition for Injunction can be filed with the Clerk's Office. In some counties, local agencies will assist with filling out the needed forms. Once the forms are completed, the clerk will file the petition and notify the judge's office.
In Florida, the burden of proof in an injunction hearing is on the petitioner. This means they must provide sufficient evidence to convince the judge that the injunction is necessary. Your job is to show that their claims are unsubstantiated.
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.
A hearing will be set within 15 days, and the Sheriff's Office will attempt to personally serve the person who the injunction is filed against (the respondent) with the injunction paperwork.