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Sample Motion For Temporary Restraining Order 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
A preliminary injunction is temporary relief that preserves the status quo until the courts decide on the merits of the case. The relief sought often involves asking a court to prevent an opposing party from taking specific action or continuing a current course of action.
In California, either party can appeal a judge's decision to grant or deny a restraining order. In filing an appeal, you are asking a higher court to review the court's ruling.
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.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year.
After the hearing, a judge can issue a protective order that lasts up to 18 months, and can later be renewed after a hearing in front of a judge. The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
A Temporary Restraining Order (TRO) is when a judge orders a party to do or not do something for a specific period of time. Examples of a TRO include: Staying away from and/or having no contact with you, including neighbors, co-workers, friends, family, and landlords or tenants.
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
More info
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. Petition for Injunction for Protection Against Domestic Violence.Form Number 12.980(a). Need an Injunction for Protection? You can obtain an injunction for protection at any of the following locations: Lawson E. Thomas Courthouse Center. SOFIA (State Of Florida Interactive Access) was created to allow you to electronically complete court documents using easy to follow interviews. Plaintiffs further move for entry of a temporary restraining order enjoining Defendant from conducting any systematic purges aimed. If you are a victim of stalking, you can use this form to ask the court for a protective order prohibiting stalking. The form will ask you to give a detailed description of the facts and circumstances about the family violence and your reasons for seeking protection. You have to respond to the Miami-Dade State Attorney's Office Domestic Crimes Unit and fill out an application form.