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Temporary Injunction Form For Federal Court In Florida
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Aggravated Stalking in Florida Aggravated stalking is a third-degree felony, punishable by up to five years in prison, five years of probation, and a fine of up to $5,000. These penalties are significant, and a felony conviction can have long-lasting effects on your life, including a permanent criminal record.
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.
Punishment for Aggravated Stalking If a defendant is convicted of any of the four types of aggravated stalking, they are committing a third-degree felony which is punishable with imprisonment up to 5 years and a potential fine of $5,000. If the defendant is repeat felony offender, they may receive more punishment.
Florida Statute § 784.0485 allows certain persons to petition for an Injunction for Protection Against Stalking. This petition may be filed by any person who is the victim of stalking (as defined above) or by a parent or legal guardian for a minor child living at home who is the victim of stalking.
A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate remedy at law; 4) consideration of the public interest.
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.
784.0485 Stalking; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement.— (1) There is created a cause of action for an injunction for protection against stalking.
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
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Petition for Injunction for Protection Against Domestic Violence. Form Number 12.980(a).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. Complaint and Request for Injunction. Download. The judge can enter a Temporary Injunction for Protection. This order will only be in effect until the hearing, which cannot be more than 15 days away. You must file this form electronically pursuant to Florida Rule of General Practice and Judicial. Many court forms are provided in PDF format. The free Adobe Acrobat ® Reader (link is external) may be used to view, save and print PDF forms. When you begin your lawsuit, you need to complete this form (summons) and a Process Service.