Permanent Injunction Order Without Seeking Declaration In Hillsborough
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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.
Definition and Purpose: A permanent injunction is a court order issued as a final judgment in a case, requiring a party to do or refrain from doing something permanently.
Order 39 Rule 1 CPC Property in Dispute: Where any property in dispute in a suit is in danger of being wasted, damaged, or alienated by any party to the suit, or wrongfully sold in execution of a decree.
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.).
Unlike criminal cases, where the prosecution must prove guilt "beyond a reasonable doubt," the standard of proof for domestic violence injunctions is "preponderance of the evidence." This means the petitioner must show that it is more likely than not that domestic violence occurred or is likely to occur.
A plaintiff seeking a permanent injunction must demonstrate that: (1) it suffered an irreparable injury; (2) remedies at law, such as monetary damages, are inadequate to compensate for the injury; (3) considering the balance of the hardships between plaintiff and defendants, a remedy in equity is warranted; and (4) the ...
For example, in addition to making a financial judgment against a defendant, a court might issue a permanent injunction ordering that the defendant does not participate in a certain activity or business.
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.
There are two types of an injunction. There is a temporary and a permanent injunction. The temporary injunction can last no longer than 15 days without the consent of both parties. A permanent injunction can last forever unless the judge modifies that injunction at the request of either party.
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.
