Permanent Injunction Order With Motion To Dismiss In Palm Beach
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FAQ
In order to appeal an injunction, you will have to hire a private attorney to file a notice of appeal. To prepare the appellate brief, the attorney will need the full transcription of the hearing or trial. That transcription can be expensive, depending on how long the hearing or trial lasted.
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.
Relief of injunction is an equitable and discretionary remedy. Proceedings for grant of injunction are always discretionary and a court of law shall not grant perpetual injunction in favour of the plaintiff against the right owner if he is a mere trespasser.
A permanent injunction is a court order requiring a person to do or cease doing a specific action that is issued as a final judgment in a case.
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.
If a Permanent Injunction is granted, it will be effective until it is changed or ended by the judge at either party's request, after notice and hearing, or until a specific date set by the judge (i.e., 1 year, 3 years, 5 years, etc.).
You may need to file a motion to vacate or modify the Permanent Injunction You can also attach evidence to the motion. You'd file a motion with the court and serve it upon the petitioner. The judge will set a date for a hearing.
You can vacate, dismiss, dissolve, modify or change an order of protection against domestic violence, injunction or restraining order, sometimes also called a stay-away order. Once a domestic violence injunction is in place, the only way to remove it is through the court.
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. See, e.g., Roe v. Wade 410 US 113 (1973).
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.
