Purpose of Permanent Injunctions Permanent injunctions aim to: Provide lasting relief: They are intended to prevent future harm by addressing the root cause of the dispute.
If you have a full hearing, the judge will listen to both parties, witnesses, and review the evidence. At your hearing, you will have a chance to talk to the judge about what the other person said you did or alleged in the petition. If the final injunction is entered, it is not a “two-way” order.
The petitioner must provide clear and convincing evidence that an injunction is necessary. If their claims are weak, exaggerated, or unsupported by facts, the injunction may be denied.
Steps to Request an Injunction Dismissal in Florida Step 1: File a Motion to Dismiss. To begin the process, we must file a Motion to Dissolve Injunction in the court that issued the original order. Step 2: Prepare for the Hearing. Step 3: Argue Your Case in Court. Step 4: Obtain a Court Order Removing the Injunction.
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.).
Steps to Request an Injunction Dismissal in Florida Step 1: File a Motion to Dismiss. To begin the process, we must file a Motion to Dissolve Injunction in the court that issued the original order. Step 2: Prepare for the Hearing. Step 3: Argue Your Case in Court. Step 4: Obtain a Court Order Removing the Injunction.
How to Win an Injunction Hearing in Florida Understanding Florida Injunction Laws and Building a Strong Defense. Lack of Evidence. False or Exaggerated Allegations. No Immediate Threat. Lack of Personal Contact. Constitutional Violations.
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. See: Rollins v. Rollins, 336 So.
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.
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.).