Preliminary Injunction Form Within In Hillsborough
Description
Form popularity
FAQ
What is a preliminary injunction? A preliminary injunction is temporary relief that preserves the status quo until the courts decide on the merits of the case. The relief sought often involves asking a court to prevent an opposing party from taking specific action or continuing a current course of action.
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.
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.
If the judge grants the preliminary injunction, the defendant will receive notice and the opportunity to be heard before issuing the preliminary injunction. The preliminary injunction could be modified or lifted after the issuance if the circumstances substantially change after the issuance.
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.
Winning the Case: To secure a preliminary injunction, the plaintiff must demonstrate a strong chance of winning the case, significant harm without the injunction, greater fairness compared to the other party, and public benefit.
Taking a medical malpractice lawsuit as an example, if a patient believes that their doctor has provided negligent medical care that has caused them harm, the patient may seek a preliminary injunction to prevent the doctor from continuing to provide care.
To cover those situations in which notice cannot be reasonably given, Rule 65 provides for temporary restraining orders (or TROs), A temporary restraining order is like a preliminary injunction but, if it is issued without notice to the adverse party, its duration is limited to ten days.
After a motion for a preliminary injunction has been filed, the court will often hold a hearing to determine whether to issue it. The preliminary injunction hearing can serve as a “mini-trial” on the merits of the plaintiff's case, albeit on an expedited basis with limited evidence.
