In Florida, you can have an injunction placed on you for many things, including domestic violence and to force you to perform according to a non-compete clause in a contract. Regardless of the reason for the injunction, you must apply to the court to remove the injunction. It may be difficult to have an injunction removed, and you must be able to prove that there is no good reason for the injunction against you.
Copy the case heading from the complaint. The case heading contains the court name, its jurisdiction, the parties’ names, the case number and the division. Boldface and capitalize the heading, except for the words “Plaintiff” and “Defendant,” or in the case of a domestic violence injunction, “Petitioner” and “Respondent.”
Read More: How to Beat an Injunction
Center the title of the pleading — Motion to Dissolve Injunction — under the heading. The title should be boldfaced, underlined and all capitalized.
Set the word processing program to double space. Write the introduction paragraph, which introduces you and the name of the pleading. For example, “Comes now, the Defendant/Respondent, [your name], and files this, his Motion to Dissolve Injunction, and further states:”
Format the body of the pleading. Each request has its own paragraph, and each paragraph is numbered. The first paragraph should state when the injunction was entered — this is the date at the bottom of the injunction, near the judge’s signature or stamp. Explain why the injunction should be removed. For example, if this is a domestic violence injunction and your spouse lied to have an injunction placed on you to make it difficult for you to get custody of the children, explain the circumstances. If your spouse lied, there will likely be no police reports — point that out.
Insert the certificate of service. The certificate of service states that you mailed a copy to the plaintiff/petitioner or his attorney, if he has an attorney. You must include the date that you mailed the pleading to the petitioner. This date must be the same date you file the pleading.
Sign the pleading and type your name and address under your signature. Make two copies of your motion. File the original with the clerk of court, keep a copy for yourself, then mail the other copy to the petitioner/plaintiff, or her attorney. Ask the clerk of court for a court date for your motion. Attend the hearing. Be prepared to explain the circumstances to the court, and to provide proof that the injunction should not have been filed.
Cayden Conor has been writing since 1996. She has been published on several websites and in the winter 1996 issue of "QECE." Conor specializes in home and garden, dogs, legal, automotive and business subjects, with years of hands-on experience in these areas. She has an Associate of Science (paralegal) from Manchester Community College and studied computer science, criminology and education at University of Tampa.