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Temporary Restraining Order Sample With Motion To Dismiss In Palm Beach
Category:
State:
Multi-State
County:
Palm Beach
Control #:
US-000299
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Word;
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FAQ
Lack of Jurisdiction The respondent can argue that the court does not have jurisdiction to issue a restraining order. This defense can be raised, for instance, if the alleged incidents of domestic violence or harassment did not occur within the jurisdiction of the court.
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
Permanent protective order - These orders are issued after the court has gone through all the legal proceedings and reviewed all evidence. Permanent protective orders can be life-long standing orders that the accused person must obey.
California law defines abuse as any act that puts you, your children, or another person in immediate fear of injury, as well as any act that causes harm to you or your property. If such harm exists, you can file a request for an order to keep the abuser away.
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
(d) Motion to Dissolve. A party against whom a temporary injunction has been granted may move to dissolve or modify it at any time. If a party moves to dissolve or modify, the motion shall be heard within 5 days after the movant applies for a hearing on the motion.
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.
More info
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. Petition for Injunction for Protection Against Domestic Violence.Form Number 12.980(a). This motion should not be used to dissolve a. Temporary Injunction for Protection Against Domestic Violence. To dissolve a restraining order in Florida, the respondent must prove that the circumstances that granted the injunction no longer exist. Below is a list of forms that you may download for free from our website. Use this packet if you want to ask the Court to terminate ("quash") the Restraining Order before the scheduled court date. 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.