Permanent Injunction Order Without Seeking Declaration In Hillsborough

Category:
State:
Multi-State
County:
Hillsborough
Control #:
US-000299
Format:
Word; 
Rich Text
Instant download

Description

This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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FAQ

A hearing will be set within 15 days, and the Sheriff's Office will attempt to personally serve the person who the injunction is filed against (the respondent) with the injunction paperwork.

There are two types of an injunction. There is a temporary and a permanent injunction. The temporary injunction can last no longer than 15 days without the consent of both parties. A permanent injunction can last forever unless the judge modifies that injunction at the request of either party.

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.

An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.

A permanent injunction is a court order requiring a person to do or cease doing a specific action that is issued as a final judgment in a case.

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.

Generally speaking, there are two kinds of relief available through an injunction: prohibitory and mandatory.

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.

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 ...

More info

If you wish, you can agree to an injunction being entered without admitting the facts alleged. You should keep a copy for your records.If have any questions or need assistance completing this form, a court clerk or family law intake staff can help you. Attorneys fighting injunctions for Protective Order Hearings at the courthouse in Tampa and Plant City, Hillsborough County, Florida. The injunction process is a civil court process and is not a part of a criminal court proceeding. An injunction is different than a criminal "no-contact" order. The court has placed the most commonly used forms on line as a resource. Please be advised that the forms detailed below are intended to be a guide. This article outlines preliminary injunctions, explains the hearing process, and provides a downloadable sample motion. To persons seeking to represent themselves in court without the assistance of an attorney.

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Permanent Injunction Order Without Seeking Declaration In Hillsborough