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.
Judgment On Injunction Against Co-owner In Hillsborough
Category:
State:
Multi-State
County:
Hillsborough
Control #:
US-000299
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Word;
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FAQ
To seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance ...
Legal Standards: To obtain a preliminary injunction, the requesting party must demonstrate: The likelihood of success on the merits of the case. That irreparable harm is likely to occur if the injunction is not granted. The balance of harms weighs in favor of the injunction being issued.
Restricted Actions: This outlines the behaviors you are prohibited from doing. This could include contacting the petitioner (the person who filed for the injunction) by any means (phone, text, email, social media), going near their home, workplace, or children's school, or even owning firearms.
An injunction is a legal ruling by a judge that mandates an individual or other entity to either stop or start some action. The three main instances of an injunction are restraining orders, preliminary (temporary) injunctions, and permanent injunctions.
A prohibitory injunction is the most common form of injunction, and directs a party to refrain from acting in a certain manner. Examples of a prohibitory injunction are cease and desist orders such as an order stopping a bulldozer prior to the razing of an historic building.
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.
Second, the preliminary injunction analysis requires considering the plaintiff's reasonable likelihood of success on the merits, whereas a permanent injunction is not even being considered until the plaintiff has won.
If you have a full hearing, the judge will listen to both parties, witnesses, and review the evidence. At your hearing, you will have a chance to talk to the judge about what the other person said you did or alleged in the petition. If the final injunction is entered, it is not a “two-way” order.
You can file motions with the court. You can threaten sanctions against the other party (if their claims or defenses are not based on evidence or made in bad faith). You can file interrogatories. You can take the case to trial and beat the injunction on legal technicalities.