This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Temporary Injunction Form With Motion To Dismiss In Palm Beach
Category:
State:
Multi-State
County:
Palm Beach
Control #:
US-000299
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
To warrant preliminary injunctive relief, the moving party must show (1) a substantial likelihood of success on the merits, (2) that it would suffer irrepa- rable injury if the injunction were not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest ...
If the court grants the injunction: There will be a hearing on the extension of that injunction generally within 15 days from the date the Temporary Injunction was issued. You must attend the hearing or the hearing may be rescheduled or the injunction may be dismissed.
Order IX, rule 1(c) provides that temporary injunction may be granted where, in any suit, it is proved by the affidavit or otherwise, that the defendant threatens to disposses the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the Court may by order grant a ...
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.
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.
A preliminary injunction is temporary relief that preserves the status quo until the courts decide on the merits of the case. The relief sought often involves asking a court to prevent an opposing party from taking specific action or continuing a current course of action.
As such, an injunctive relief will be overturned if the appellate court finds that the trial court issued the relief based on an misapplication of the law or an erroneous factual finding. Injunctive relief is generally only granted in extreme circumstances.
You can and should appeal your injunction, if you are not happy with the outcome. However, you must do so within so many days of the entry of the final order of injunction. Injunctions are created by statute and interpreted by case law (or precedent).
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
Order of Dismissal of Temporary Injunction for Protection Against Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence, Stalking. 12.940(d) Motion to Modify or Dissolve Temporary Injunction.(not intended for use in DV cases) Download: PDF Download of 12.940(d) The following five forms are required to file an Injunction for Protection Against Domestic Violence with or without minor Children. The motion can be filed in all types of injunction cases including domestic violence, dating violence stalking, repeat violence, or elderly exploitation. Or, you can file these papers on your own. Read the instructions carefully and complete all sections of the forms with all of information that you can provide. In Florida, you must complete specific forms, such as 12.940(d), for modifying or dissolving a temporary injunction. 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.