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Permanent Injunction For Possession In Salt Lake
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State:
Multi-State
County:
Salt Lake
Control #:
US-000299
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FAQ
A stalking injunction is a civil order that can be requested by any person who believes that they are the victim of stalking. Under Utah law 77-3a-101, when a person can show the requirements listed above in the first paragraph, then they can petition a court for a civil stalking injunction.
The civil stalking injunction will be in effect for three years from the date of service of the temporary injunction.
You can get a stalking injunction against anyone who is stalking you regardless of your relationship to that person. 1. Unlike a protective order, it does not limit the individuals you can file an order against.
You can vacate, dismiss, dissolve, modify or change an order of protection against domestic violence, injunction or restraining order, sometimes also called a stay-away order. Once a domestic violence injunction is in place, the only way to remove it is through the court.
Relief of injunction is an equitable and discretionary remedy. Proceedings for grant of injunction are always discretionary and a court of law shall not grant perpetual injunction in favour of the plaintiff against the right owner if he is a mere trespasser.
Just because a judge issued a final injunction in your case does not mean they were right. Often times, judges get it wrong or the record is insufficient to uphold a final injunction. Many times injunctions are overturned by the appellate courts for a variety of reasons.
You may need to file a motion to vacate or modify the Permanent Injunction You can also attach evidence to the motion. You'd file a motion with the court and serve it upon the petitioner. The judge will set a date for a hearing.
Permanent injunctions are issued as a final judgment in a case, where monetary damages will not suffice. Failure to comply with an injunction may result in being held in contempt of court, which in turn may result in either criminal or civil liability. See, e.g., Roe v. Wade 410 US 113 (1973).
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.