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Permanent Injunction Without Possession 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 ...
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.
Temporary Injunction Plaintiff will suffer irreparable harm; Plaintiff has no adequate remedy at law; Plaintiff has a substantial likelihood of success on the merits; and. A temporary injunction will serve the public interest.
To warrant preliminary injunctive relief, the moving party must show (1) a substantial likelihood of success on the merits, (2) that it would suffer irrepa- rable injury if the injunction were not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest ...
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.).
What is the burden of proof in a civil case? In a civil case, the person (or a company) who started the lawsuit (plaintiff) has the burden and obligation to prove the case with stronger evidence than the defendant has. This is called the “preponderance of the evidence” standard.
In determining whether to grant or deny a preliminary injunctive relief, the courts generally look to several of the factors including: (1) the plaintiff's likelihood of prevailing on the merits;(2) a showing of irreparable injury to plaintiff if relief is not granted; (3) the threatened injury to the movant is ...
A plaintiff seeking a permanent injunction must demonstrate that: (1) it suffered an irreparable injury; (2) remedies at law, such as monetary damages, are inadequate to compensate for the injury; (3) considering the balance of the hardships between plaintiff and defendants, a remedy in equity is warranted; and (4) the ...
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If you feel unsafe or are in danger, a temporary injunction, also known as a restraining order, may be issued until a judge can rule on your petition. While a permanent injunction can be granted for any period of time, it is typically granted between one year to indefinitely.Need an Injunction for Protection? You can obtain an injunction for protection at any of the following locations: Lawson E. Thomas Courthouse Center. The judge may issue a final, or permanent injunction after a hearing with both parties. Our seasoned team of Miami domestic violence injunction lawyers is ready to help. Contact our Miami-Dade County restraining order lawyers today. Contact the Miami injunction attorneys at Hubbs Law Firm to discuss your legal options. As a leading legal firm, we have extensive experience filing temporary and permanent injunctions in Miami-Dade, Broward, and Palm Beach Counties. If have any questions or need assistance completing this form, a court clerk or family law intake staff can help you.