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Temporary Restraining Order Form Foreclosure In Miami-Dade
Category:
State:
Multi-State
County:
Miami-Dade
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
Temporary orders last 15 days, while final orders can last six months, one year, or indefinitely, depending on the court's ruling. Does a restraining order show up on a background check in Florida? Yes. Even though restraining orders are civil matters, they can appear in public court records and background checks.
Does a restraining order show up on a background check in Florida? Yes. Even though restraining orders are civil matters, they can appear in public court records and background checks. Employers, landlords, and law enforcement may see the order unless it is sealed by the court.
An injunction can never be sealed or expunged. It is not a criminal court record subject to the sealing and expungement laws. Thus, it remains permanently. A restraining order is public record and can be accessed by employers, and those conducting background searches.
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. The plaintiff will be directed to go to the clerks counter to wait for the order.
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.
In California, a restraining order can be canceled or "dismissed" before its expiration date if the protected party or the restrained party files a motion to dismiss with the court.
If, however, you are the restrained party the law is not as forgiving but there are ways to do it and our office can assist. In California, a restraining order can be canceled or "dismissed" before its expiration date if the protected party or the restrained party files a motion to dismiss with the court.
TRO/Injunction Hearing During this hearing, you need to present the court with information about continued abuse and threats. Based on your testimony and documentation, the judge decides whether to extend your protection beyond 90 days. The judge can issue an injunction for up to three years.
The injunction is something ordered by the judge that can either be permanent or for a specific period of time. The restraining order usually only happens at the beginning of the case, once the person is served with a temporary restraining order and that will only last until the injunction hearing.
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.