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Permanent Injunction For Possession In Broward
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State:
Multi-State
County:
Broward
Control #:
US-000299
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Word;
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To seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance ...
If a Permanent Injunction is granted, it will be effective until it is changed or ended by the judge at either party's request, after notice and hearing, or until a specific date set by the judge (i.e., 1 year, 3 years, 5 years, etc.).
Process For Obtaining An Injunction A petition (application) for an injunction for protection is available through the Clerk of the Court. You can call the Florida Coalition Against Domestic Violence at 800-500-1119 or your local domestic violence center for more information on how to proceed.
Step 1: Go to the district court to begin the filing process. Step 2: Fill out the petition. Step 3: A judge reviews your petition and may grant you a temporary restraining order. Step 4: Service of process. Step 5: The TRO/injunction hearing.
Process For Obtaining An Injunction A petition (application) for an injunction for protection is available through the Clerk of the Court. You can call the Florida Coalition Against Domestic Violence at 800-500-1119 or your local domestic violence center for more information on how to proceed.
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.
Per Sec. 37(2) of Specific Relief Act- A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually prevented from the assertion of a right, or from the commission of an act, which woud be contrary to the rights of the plaintiff.
An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions.
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Injunctions are commonly referred to as "restraining orders". Petitions for injunctions may be filed with the clerk of court at the Main Courthouse in room 2140 or at the West Satellite Courthouse.An injunction can tell someone to stay away from the protected person's home, car, work, and any other places that the court feels is necessary. The judge may issue a final, or permanent injunction after a hearing with both parties. A restraining order is an injunction. A temporary restraining order can be granted immediately, without a hearing and without any notice to the opposing party. 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. You have the right to file a petition to ask the court to issue an injunction to protect you against violence. This protects you for several weeks until a permanent order of protection hearing can be held.