Florida Temporary Injunction to Prevent Removal of Minor Children and / or Denial of Passport Services - Ex Parte
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FAQ
It typically takes a week or two to get an injunction, but you can apply for an injunction to be granted on the same day if you are at immediate risk of significant harm. If the court grants an injunction without notice, you will have to go back to court later for a hearing once the abuser has been given notice.
An application for an injunction can be made once Court proceedings have begun. Alternatively, the Court can grant an injunction before the start of Court proceedings if the matter is urgent or if it necessary in the interests of justice.
Even if the court does not issue a restraining order (or if there has not been a criminal trial at all) you can make an application for a protective injunction.
"When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers." A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment.
Each party may bring witnesses to testify for them at the hearing. The judge may issue a final, or permanent injunction after a hearing with both parties. Unless it is for a certain time, an injunction stays in effect until the court changes it. There are penalties if respondent violates the injunction.
The hearing will usually start by the judge asking the respondent if he or she agrees with a final injunction being entered in the case.Court Staff: If the respondent agrees with the final injunction the judge will resolve the details with the parties. The order would be signed, and the hearing would be over.
If the judge decides the sworn allegations contained in the paperwork meet the requirements of Florida law for the issuance of an injunction, the judge will enter a Temporary Injunction, which will be valid for 15 days.