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Florida Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right

Category:
Civil Procedure - Restraining Orders
State:
Multi-State
Control #:
US-01130BG
Format:
Word; 
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Description

Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking some specific action is required in order to prevent possible injustice. A temporary restraining order is a temporary order of a court to preserve current conditions as they are until a hearing is held at which both parties are present. The term preliminary injunction is used to describe the restraint issued pending a final hearing on the merits, and permanent injunction refers to that order of restraint issued after a final hearing on the merits of the case where the facts indicate that an injunction is justified.


This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right
  • Preview Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right
  • Preview Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right

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How to fill out Complaint Or Petition For Temporary Restraining Order And Injunction To Enjoin Interference With Property Right?

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FAQ

Civil restraining orders cannot be expunged because they are civil actions, not criminal. They will therefore remain on your criminal record. Still, you can request to have the conditions modified or to have the injunction removed.

You can file motions with the court. You can threaten sanctions against the other party (if their claims or defenses are not based on evidence or made in bad faith). You can file interrogatories. You can take the case to trial and beat the injunction on legal technicalities.

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.

Order IX, Rule 1: This rule allows the court to grant a temporary injunction under CPC when it's considered fair and appropriate to do so in order to prevent a breach of an obligation or harm caused by a genuine fear of such a breach.

What Are the Steps in the Appeal Process? The first step is to file a notice of appeal: The second step will be for your lawyer to obtain a record on appeal from the trial court clerk: The third step is to prepare the initial brief and file it: The fourth step is awaiting the answer brief:

A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate remedy at law; 4) consideration of the public interest.

In order to appeal an injunction, you will have to hire a private attorney to file a notice of appeal. To prepare the appellate brief, the attorney will need the full transcription of the hearing or trial. That transcription can be expensive, depending on how long the hearing or trial lasted.

How much time do I have to file a notice of appeal? Thirty days from the date the order you are appealing is filed in the lower tribunal or court or thirty days from the date an order on a motion tolling the time to appeal is filed. See Florida Rules of Appellate Procedure 9.020(h).

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