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.
Judgment On Injunction In Palm Beach
Category:
State:
Multi-State
County:
Palm Beach
Control #:
US-000299
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
These are the most common ways you can beat an injunction: Petitioner voluntarily dismisses it. Petitioner does not show up to the final injunction hearing. Petitioner agrees to keep the injunction temporary. Fighting the injunction in court (this one is the hardest and most expensive option).
Filing a motion to dismiss an injunction is a structured process that requires attention to detail. 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.
If your want to lift the injunction, you have to file a Motion to Dismiss the injunctions and set it for hearing in front of the court that issued the injunction. You will have to attend the hearing and explain to the judge the reasons you are no longer in fear of the Respondent and why you want the injunction dropped.
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.
Permanent injunctions are issued as a final judgment in a case, where monetary damages will not suffice. Failure to comply with an injunction may result in being held in contempt of court, which in turn may result in either criminal or civil liability.
Motion to Dissolve or Dismiss: You can file a motion with the court requesting that the injunction be dissolved or dismissed. This motion must demonstrate a change in circumstances or provide evidence that the injunction is no longer necessary.
You can and should appeal your injunction, if you are not happy with the outcome. However, you must do so within so many days of the entry of the final order of injunction. Injunctions are created by statute and interpreted by case law (or precedent).
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.
Primary tabs. Final judgment is the last decision from a court that resolves all issues in dispute and settles the parties' rights with respect to those issues. A final judgment leaves nothing to be decided except decisions on how to enforce the judgment, whether to award costs, and whether to file an appeal.
More info
The Domestic Violence Department is located in room 3.2200 on the 3rd floor of the Main Courthouse in West Palm Beach, as well as our branch offices. The injunction process begins when you file for an injunction at one of the locations listed above.Petition for Injunction for Protection Against Domestic Violence. Form Number 12.980(a). How long does it take? You may be at the courthouse for several hours. You may use this form if you have a valid Final Judgment of Injunction for Protection Against Domestic,. Free parking is provided for victims attending injunction court hearings as well as filing injunction petitions. The Clerk's Office will provide the appropriate forms should there be a need for you to modify, extend or enforce the provisions contained in the injunction. The petitioners will be in our office approximately 30 minutes to an hour filling out paperwork.