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Temporary Restraining Order Sample With Motion To Dismiss In Miami-Dade
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Multi-State
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Miami-Dade
Control #:
US-000299
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FAQ
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.
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.
(d) Motion to Dissolve. A party against whom a temporary injunction has been granted may move to dissolve or modify it at any time. If a party moves to dissolve or modify, the motion shall be heard within 5 days after the movant applies for a hearing on the motion.
In Florida, you must complete specific forms, such as 12.940(d), for modifying or dissolving a temporary injunction. These forms are typically filed in the same court where the original injunction was issued. Adhering to the required deadlines is crucial, as missing these deadlines can jeopardize your case.
As such, an injunctive relief will be overturned if the appellate court finds that the trial court issued the relief based on an misapplication of the law or an erroneous factual finding. Injunctive relief is generally only granted in extreme circumstances.
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
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.
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Order of Dismissal of Temporary Injunction for Protection Against Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence, Stalking. 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.To dissolve a restraining order in Florida, the respondent must prove that the circumstances that granted the injunction no longer exist. 12.940(d) Motion to Modify or Dissolve Temporary Injunction. (not intended for use in DV cases) Download: PDF Download of 12.940(d) For additional information regarding motions, please contact the Domestic Violence Case Management Unit at . This article explains how to properly request modifications or dissolution if an injunction is no longer needed. Respondent files this Motion to Vacate ☐ Temporary or ☐ Final Risk Protection Order. In support of this Motion to Vacate, Respondent alleges the following:. This guide provides basic information about how to get a restraining order in Florida.