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Permanent Injunction For Protection In Miami-Dade

Category:

Animals - Pets

State:

Multi-State

County:

Miami-Dade

Control #:

US-000299

Format:

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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An injunction is a legal ruling by a judge that mandates an individual or other entity to either stop or start some action. The three main instances of an injunction are restraining orders, preliminary (temporary) injunctions, and permanent injunctions.

For example, in addition to making a financial judgment against a defendant, a court might issue a permanent injunction ordering that the defendant does not participate in a certain activity or business.

Natural Resources Defense Council, Inc., 555 U.S. 7 (2008), is applicable to all other litigants seeking preliminary injunctions, and requires that a party seeking a preliminary injunction must establish: (1) it is likely to succeed on the merits, (2) it is likely to suffer irreparable harm in the absence of ...

These courts consider: (1) the likelihood of success on the merits; (2) irreparable harm if the injunction is not granted; (3) whether a balancing of the relevant equities favors the injunction; and (4) whether the issuance of the injunction is in the public interest.

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.

Legal Standards: To obtain a preliminary injunction, the requesting party must demonstrate: The likelihood of success on the merits of the case. That irreparable harm is likely to occur if the injunction is not granted. The balance of harms weighs in favor of the injunction being issued.

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 ...

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An injunction is a court order that directs a person not to have any contact with another person. Need an Injunction for Protection?You can obtain an injunction for protection at any of the following locations: Lawson E. Thomas Courthouse Center. If you feel unsafe or are in danger, a temporary injunction, also known as a restraining order, may be issued until a judge can rule on your petition. Petition for Injunction for Protection Against Domestic Violence. Form Number. 12.980(a). The judge may issue a final, or permanent injunction after a hearing with both parties. There are procedures in place which make it possible to obtain an injunction in Miami-Dade County 24 hours a day, 7 days a week. To get an injunction, you must file your petition for an injunction for protection against domestic violence with the clerk of the circuit court. Our seasoned team of Miami injunction criminal defense attorneys is ready to help.

Permanent Injunction For Protection In Miami-Dade

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