Temporary Restraining Order Example In Florida
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FAQ
Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.” “I would consider any contact in the future to be a violation.” Tell the court why you would like the temporary restraining order injunction.
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.
Once a restraining order is issued, it becomes a matter of public record, accessible to potential employers, landlords, and others conducting background checks. A restraining order may appear on a person's record even if they were never charged with or convicted of a criminal offense.
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.
Order IX, rule 1(c) provides that temporary injunction may be granted where, in any suit, it is proved by the affidavit or otherwise, that the defendant threatens to disposses the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the Court may by order grant a ...
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.
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).
Step 1: Go to the courthouse and get the necessary forms. Step 2: Fill out the forms. Step 3: A judge will review your petition and may give you an ex parte temporary order.
To warrant preliminary injunctive relief, the moving party must show (1) a substantial likelihood of success on the merits, (2) that it would suffer irrepa- rable injury if the injunction were not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest ...
