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Permanent Injunction Without Declaration In Palm Beach
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State:
Multi-State
County:
Palm Beach
Control #:
US-000299
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FAQ
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.
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.).
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.
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.
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).
Just because a judge issued a final injunction in your case does not mean they were right. Often times, judges get it wrong or the record is insufficient to uphold a final injunction. Many times injunctions are overturned by the appellate courts for a variety of reasons.
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 ...
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.
More info
The following five forms are required to file an Injunction for Protection Against Domestic Violence with or without minor Children. 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 following is a summary of the information and process when filing for an Injunction for Protection. A temporary injunction is issued without notice to the respondent. While the "permanent" label infers that injunctive relief is being indefinitely ordered, not all permanent injunctions are perpetual. A request for a temporary restraining order, a preliminary injunction, or an injunction must be in the complaint. Palm Beach Firefighters Pension Fund v. FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANTS C-TECH WHOLESALE, INC. 1400 Centrepark Blvd. In the event this Court deems a permanent injunction necessary in the instant case, that injunction should be limited to the Plaintiffs named in this lawsuit.