This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Temporary Injunction Form With Injunction In Miami-Dade
Category:
State:
Multi-State
County:
Miami-Dade
Control #:
US-000299
Format:
Word;
Rich Text
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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.
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 ...
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.
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.
A temporary injunction is issued immediately, before all the matters in the case can be heard. As the name implies, it is only temporary—it can be overturned if, during the full trial later on, or based on settlement between the parties, something changes.
State as briefly as possible the facts showing that each plaintiff is entitled to the injunction or other relief sought. State how each defendant was involved and what each defendant did that caused the plaintiff harm or violated the plaintiff's rights, including the dates and places of that involvement or conduct.
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 the court grants the injunction: There will be a hearing on the extension of that injunction generally within 15 days from the date the Temporary Injunction was issued. You must attend the hearing or the hearing may be rescheduled or the injunction may be dismissed.
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. A Petition for Injunction can be filed with the Clerk's Office. In some counties, local agencies will assist with filling out the needed forms. For any questions, call the 24-Hour Miami-Dade County Domestic Violence Hotline at . To get an injunction, you must file your petition for an injunction for protection against domestic violence with the clerk of the circuit court. You should complete this form (giving as much detail as possible) and sign it.