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Temporary Injunction Form For Protection Against Domestic Violence 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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FAQ
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.
Step 1: Go to the courthouse and get the necessary forms. Step 2: Fill out the forms. Step 3: A judge will review your petition and may give you an ex parte temporary order.
At the hearing, you can defend yourself by demonstrating that the claims against you are false or exaggerated. You might also argue that the injunction is unnecessary or that the petitioner is using the injunction process to gain an unfair advantage in a related issue, such as a custody dispute or divorce.
Courts in California apply the “preponderance of the evidence” standard to DVROs when deciding whether to grant or not the restraining order. “Preponderance of the evidence” means that the evidence shows that the abuse likely happened rather than not.
There are many eq- uitable affirmative defenses to injunctive relief, such as laches, prematurity, and unclean hands. In most cases in which injunctions are denied, it is for the moving party's failure to satisfy its burden of proof.
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.
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. See: Rollins v. Rollins, 336 So. 3d 1241 (Fla.
Florida Law establishes that an injunction can be issued “at the discretion of the court upon a finding of reasonable cause.” With such a low burden of proof, the petitioner only needs to present minimal evidence of harm or imminent danger to have an injunction ordered.
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 ...
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Petition for Injunction for Protection Against Domestic Violence. Form Number. 12.980(a).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. Domestic Violence; Sexual Violence; Dating Violence; Repeat Violence; Stalking. Child(ren), Florida Supreme Court Approved Family Law Form 12.980(c)(2). You have the right to file a petition to ask the court to issue an injunction against a person who has been physically violent with you. To get an injunction, you must file your petition for an injunction for protection against domestic violence with the clerk of the circuit court. Crisis Line at . The following is a summary of the information and process when filing for an Injunction for Protection. (F) Sexual Violence ‐ all matters relating to injunctions for protection against sexual violence pursuant to section 784.046, Florida Statutes.