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Temporary Restraining Order Form With Court In Miami-Dade
Category:
State:
Multi-State
County:
Miami-Dade
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
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.
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.
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.
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.
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 ...
Order IX, rule 1(c) provides that temporary injunction may be granted where, in any suit, it is proved by the affidavit or otherwise, that the defendant threatens to disposses the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the Court may by order grant a ...
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.
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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. Need an Injunction for Protection?You can obtain an injunction for protection at any of the following locations: Lawson E. Thomas Courthouse Center. Petition for Injunction for Protection Against Domestic Violence. Form Number 12.980(a). SOFIA (State Of Florida Interactive Access) was created to allow you to electronically complete court documents using easy to follow interviews. How can I get a protection order? You have to respond to the Miami-Dade State Attorney's Office Domestic Crimes Unit and fill out an application form. An injunction (sometimes referred to as a restraining order) is a court order that tells one person to stay away from and not contact another person. This guide provides basic information about how to get a restraining order in Florida.