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Temporary Injunction Form Without Possession In Palm Beach
Category:
State:
Multi-State
County:
Palm Beach
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
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.
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.
How long an injunction lasts is really up to the judge. 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.
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.
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.
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.
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.
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.
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.
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.A temporary injunction is issued without notice to the respondent. If have any questions or need assistance completing this form, a court clerk or family law intake staff can help you. A temporary injunction, valid for up to 15 days, is granted without a hearing if there is an immediate and present danger of domestic violence. 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. This guide provides basic information about how to get a restraining order in Florida. You'll learn how to petition for an injunction for protection. A temporary injunction is issued without notice to the respondent.