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Permanent Injunction In Specific Relief Act In Miami-Dade
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State:
Multi-State
County:
Miami-Dade
Control #:
US-000299
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Word;
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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.
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 ...
A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate remedy at law; 4) consideration of the public interest.
Per Sec. 37(2) of Specific Relief Act- A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually prevented from the assertion of a right, or from the commission of an act, which woud be contrary to the rights of the plaintiff.
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 ...
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.).
A permanent injunction is a court order requiring a person to do or cease doing a specific action that is issued as a final judgment in a case.
Permanent injunctions are issued as a final judgment in a case, where monetary damages will not suffice. Failure to comply with an injunction may result in being held in contempt of court, which in turn may result in either criminal or civil liability. See, e.g., Roe v. Wade 410 US 113 (1973).
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.
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An injunction is a court order that directs a person not to have any contact with another person. The temporary injunction is valid for up to 15 days., final) injunction can only be obtained after a trial.6. As a leading legal firm, we have extensive experience filing temporary and permanent injunctions in Miami-Dade, Broward, and Palm Beach Counties. A pleading seeking an injunction or temporary restraining order must still be filed before either can be entered. A permanent injunction is the most serious type of injunctive relief. Specific allegations are not required. Such relief may be granted in addition to other civil or criminal remedies. Fill out the form below for your free case evaluation. The judge may issue a final, or permanent injunction after a hearing with both parties.