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Temporary Restraining Order Sample With Motion In Hillsborough
Category:
State:
Multi-State
County:
Hillsborough
Control #:
US-000299
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Word;
Rich Text
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FAQ
An injunction can never be sealed or expunged. It is not a criminal court record subject to the sealing and expungement laws. Thus, it remains permanently. A restraining order is public record and can be accessed by employers, and those conducting background searches.
You are asking the court to protect you. The judge needs to know what your abuser has done and why you are afraid. Tell the court where and when the abuse happened. Show the judge the proof you brought.
The primary difference lies in the relationship between the parties. Restraining orders are typically used in non-domestic situations involving harassment, stalking, or civil disputes. Protective orders are used in cases of domestic violence or abuse where the abuser has a close personal relationship with the victim.
Does a restraining order show up on a background check in Florida? Yes. Even though restraining orders are civil matters, they can appear in public court records and background checks. Employers, landlords, and law enforcement may see the order unless it is sealed by the court.
Temporary orders last 15 days, while final orders can last six months, one year, or indefinitely, depending on the court's ruling. Does a restraining order show up on a background check in Florida? Yes. Even though restraining orders are civil matters, they can appear in public court records and background checks.
An injunction generally may be temporary or permanent. A temporary injunction preserves the status quo and the rights of the parties until the court issues further orders. A permanent (or final) injunction may continue after an action concludes, either perpetually or until a specified date.
If the court grants the injunction: There will be a hearing on the extension of that injunction generally within 15 days from the date the Temporary Injunction was issued. You must attend the hearing or the hearing may be rescheduled or the injunction may be dismissed.
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. Adhering to the required deadlines is crucial, as missing these deadlines can jeopardize your case.
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.