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Permanent Injunction Order With Motion To Dismiss 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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FAQ
If your want to lift the injunction, you have to file a Motion to Dismiss the injunctions and set it for hearing in front of the court that issued the injunction. You will have to attend the hearing and explain to the judge the reasons you are no longer in fear of the Respondent and why you want the injunction dropped.
Injunctions can last a week, a month, 6 months, a year, 2 years, 5 years, or forever. How long an injunction lasts is really up to the judge. An injunction can last any amount of time.
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.).
To dissolve a restraining order in Florida, the respondent must prove that the circumstances that granted the injunction no longer exist. If the court considers that the petitioner is no longer in danger, the injunction could be removed. Dissolving a restraining order is up to the judge's discretion.
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.
Motion to Dissolve or Dismiss: You can file a motion with the court requesting that the injunction be dissolved or dismissed. This motion must demonstrate a change in circumstances or provide evidence that the injunction is no longer necessary.
If your want to lift the injunction, you have to file a Motion to Dismiss the injunctions and set it for hearing in front of the court that issued the injunction. You will have to attend the hearing and explain to the judge the reasons you are no longer in fear of the Respondent and why you want the injunction dropped.
An injunction gives the party that filed the motion temporary relief from the same action or activity that they're asking the court to halt as part of their larger case.
More info
If your petition is approved, a permanent injunction may be ordered. 12.940(d) Motion to Modify or Dissolve Temporary Injunction.(not intended for use in DV cases) Download: PDF Download of 12.940(d) In addition to modifications, respondents and petitioners can file a motion asking the court to dissolve an injunction entirely in Florida. Filing a motion to dismiss an injunction is a structured process that requires attention to detail. To dissolve a restraining order in Florida, the respondent must prove that the circumstances that granted the injunction no longer exist. To get an injunction, you must file your petition for an injunction for protection against domestic violence with the clerk of the circuit court. Need an Injunction for Protection? You can obtain an injunction for protection at any of the following locations: Lawson E. Thomas Courthouse Center. Failure to timely file necessary documents and motions will result in the issuance of an order to show cause why the case should not be dismissed.