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.
Write a short and plain statement of the claim. Do not make legal arguments. State as briefly as possible the facts showing that each plaintiff is entitled to the injunction or other relief sought.
Breaching an injunction is a serious crime and not taken lightly by the courts. In a circumstance where there is a breach, the court can hold the breacher in contempt of court and punish them with fines and, in extreme cases, imprisonment.
An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions.
The injunction is something ordered by the judge that can either be permanent or for a specific period of time. The restraining order usually only happens at the beginning of the case, once the person is served with a temporary restraining order and that will only last until the injunction hearing.
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.
A temporary restraining order is an emergency injunction that helps ensure the individual requesting the injunctive relief is protected from the actions of the other party. It “restrains” the other party from taking some act or that party will face contempt of court.
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 ...
Emergency injunctions are legal pleas for the court to take action to preserve the status quo while the legal process is underway. The idea is that unless the court intervenes, irreparable harm will be done.
Take action today by contacting your local Court Clerk to put a stop to the fear and abuse. During normal working hours, a Petition for Injunction can be filed with the Clerk's Office.