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Temporary Injunction Form For Florida In Palm Beach
Category:
State:
Multi-State
County:
Palm Beach
Control #:
US-000299
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Word;
Rich Text
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Temporary Injunction Plaintiff will suffer irreparable harm; Plaintiff has no adequate remedy at law; Plaintiff has a substantial likelihood of success on the merits; and. A temporary injunction will serve the public interest.
An injunction refers to an order that has been issued by the court to protect a person by restricting another person's behaviour, or requiring them to take a certain action. Injunctions can be sought in relation to: Personal protection. Property matters. Protecting the welfare of a child.
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 ...
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.
A temporary restraining order, or TRO, is similar to a preliminary injunction in that it is a pre-trial court order that enjoins or mandates another party's conduct. However, it is different in that TROs are more urgent and may be issued without notice to the other party.
Injunctions may preserve and safeguard assets or evidence, or may restrain people from committing certain acts. Mandatory orders require the other party to perform certain acts such as returning property.
The injunction is something ordered by the judge that can either be permanent or for a specific period of time. The restraining order usually only happens at the beginning of the case, once the person is served with a temporary restraining order and that will only last until the injunction hearing.
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.
An injunction can last any amount of time. A temporary injunction can last as long as it takes to get the other party served. Until the final hearing, the temporary injunction will be in force. Usually a final hearing date is set within a few days or weeks of a person getting served with a temporary injunction.
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The following five forms are required to file an Injunction for Protection Against Domestic Violence with or without minor Children. Petition for Injunction for Protection Against Domestic Violence.Form Number 12.980(a). INJUNCTION (This section summarizes what you are asking the Court to include in the injunction. This section must be completed.) 1. The Temporary Injuction is good for a period up to 15 days. You will receive a certified copy that you must keep with you at all times. A Petition for Injunction can be filed with the Clerk's Office. In some counties, local agencies will assist with filling out the needed forms. A temporary injunction is issued without notice to the respondent.