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Permanent Injunction Order With Motion To Dismiss In Hillsborough
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State:
Multi-State
County:
Hillsborough
Control #:
US-000299
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Word;
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FAQ
If your want to lift the injunction, you have to file a Motion to Dismiss the injunctions and set it for hearing in front of the court that issued the injunction. You will have to attend the hearing and explain to the judge the reasons you are no longer in fear of the Respondent and why you want the injunction dropped.
You can and should appeal your injunction, if you are not happy with the outcome. However, you must do so within so many days of the entry of the final order of injunction. Injunctions are created by statute and interpreted by case law (or precedent).
If your want to lift the injunction, you have to file a Motion to Dismiss the injunctions and set it for hearing in front of the court that issued the injunction. You will have to attend the hearing and explain to the judge the reasons you are no longer in fear of the Respondent and why you want the injunction dropped.
As such, an injunctive relief will be overturned if the appellate court finds that the trial court issued the relief based on an misapplication of the law or an erroneous factual finding. Injunctive relief is generally only granted in extreme circumstances.
Filing a motion to dismiss an injunction is a structured process that requires attention to detail. In Florida, you must complete specific forms, such as 12.940(d), for modifying or dissolving a temporary injunction. These forms are typically filed in the same court where the original injunction was issued.
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.
A permanent injunction is a court order requiring a person to do or cease doing a specific action that is issued as a final judgment in a case.
Process For Obtaining An Injunction A petition (application) for an injunction for protection is available through the Clerk of the Court. You can call the Florida Coalition Against Domestic Violence at 800-500-1119 or your local domestic violence center for more information on how to proceed.
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.
If a Permanent Injunction is granted, it will be effective until it is changed or ended by the judge at either party's request, after notice and hearing, or until a specific date set by the judge (i.e., 1 year, 3 years, 5 years, etc.).
More info
Use these forms if you wish to dissolve a permanent injunction. You must file a motion to voluntarily dismiss or dissolve the injunction for protection.Only the court can change the injunction or court order. If a change is needed or you want a dismissal, contact the court. Thirteenth Judicial Circuit - Forms List. Please select the category below to expand and view general forms for those division. To dissolve a restraining order in Florida, the respondent must prove that the circumstances that granted the injunction no longer exist. 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. (a) Form of Motion Papers. What happens after I fill out the petition for an injunction?