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.
Emergency Injunction Form With Decimals In Miami-Dade
Category:
State:
Multi-State
County:
Miami-Dade
Control #:
US-000299
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Beyond a Reasonable Doubt This is the highest standard of proof in the Florida criminal justice system. It applies at trial when the State prosecutes a defendant. Under Florida's Standard Jury Instructions: A possible doubt or suspicion is not enough to convict.
The petitioner must provide clear and convincing evidence that an injunction is necessary. If their claims are weak, exaggerated, or unsupported by facts, the injunction may be denied.
Steps to Request an Injunction Dismissal in Florida Step 1: File a Motion to Dismiss. To begin the process, we must file a Motion to Dissolve Injunction in the court that issued the original order. Step 2: Prepare for the Hearing. Step 3: Argue Your Case in Court. Step 4: Obtain a Court Order Removing the Injunction.
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. See: Rollins v. Rollins, 336 So.
Unlike criminal cases, where the prosecution must prove guilt "beyond a reasonable doubt," the standard of proof for domestic violence injunctions is "preponderance of the evidence." This means the petitioner must show that it is more likely than not that domestic violence occurred or is likely to occur.
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.
Write a short and plain statement of the claim. Do not make legal arguments. State as briefly as possible the facts showing that each plaintiff is entitled to the injunction or other relief sought.
Emergency injunctions are legal pleas for the court to take action to preserve the status quo while the legal process is underway. The idea is that unless the court intervenes, irreparable harm will be done.
If you have a full hearing, the judge will listen to both parties, witnesses, and review the evidence. At your hearing, you will have a chance to talk to the judge about what the other person said you did or alleged in the petition. If the final injunction is entered, it is not a “two-way” order.