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Permanent Injunction In Specific Relief Act In Palm Beach
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State:
Multi-State
County:
Palm Beach
Control #:
US-000299
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Word;
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A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate remedy at law; 4) consideration of the public interest.
Process For Obtaining An Injunction A petition (application) for an injunction for protection is available through the Clerk of the Court. You can call the Florida Coalition Against Domestic Violence at 800-500-1119 or your local domestic violence center for more information on how to proceed.
To seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance ...
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.
To seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance ...
A permanent injunction enjoins the respondent from committing acts of domestic violence and includes other relief the court deems necessary for the petitioner's protection, such as ordering the respondent to: surrender firearms and ammunition and participate in treatment, counseling, or BPI.
Per Sec. 37(2) of Specific Relief Act- A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually prevented from the assertion of a right, or from the commission of an act, which woud be contrary to the rights of the plaintiff.
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The following five forms are required to file an Injunction for Protection Against Domestic Violence with or without minor Children. The following is a summary of the information and process when filing for an Injunction for Protection.While the "permanent" label infers that injunctive relief is being indefinitely ordered, not all permanent injunctions are perpetual. Facing an Injunction? You have the right to challenge a protective order. An injunction against the breach of a contract is a negative decree of specific performance of the agreement. As a leading legal firm, we have extensive experience filing temporary and permanent injunctions in Miami-Dade, Broward, and Palm Beach Counties. Either party may move at any time to modify or dissolve the injunction. No specific allegations are required. Specific performance is an equitable remedy that, under Florida law, is effectively the same as, and synonymous with, injunctive relief.