Florida Family Law Rule 12.605
RULE 12.605. INJUNCTIONS
(a) Temporary Injunction.
(1) This rule does not apply to relief sought under rule
12.610.
(2) A temporary injunction may be granted without
written or oral notice to the adverse party only if:
(A) it appears from the specific facts shown by
affidavit or verified pleading that immediate and irreparable injury,
loss, or damage will result to the movant before the adverse party
can be heard in opposition; and
(B) the movant or movant’s attorney certifies in
writing any efforts that have been made to give notice and the
reasons why notice should not be required.
(3) No evidence other than the affidavit or verified
pleading may be used to support the application for a temporary
injunction unless the adverse party appears at the hearing or has
received reasonable notice of the hearing. Every temporary
injunction granted without notice must be endorsed with the date
and hour of entry and must be filed immediately in the clerk’s office
and must define the injury, state findings by the court why the
injury may be irreparable, and give the reasons why the order was
granted without notice if notice was not given. The temporary
injunction shall remain in effect until the further order of the court.
(b) Bond. No temporary injunction may be entered unless a
bond is given by the movant in an amount the court deems proper,
conditioned for the payment of costs and damages sustained by the
adverse party if the adverse party is wrongfully enjoined. When any
injunction is issued on the pleading of a municipality or the state or
any officer, agency, or political subdivision of it, the court may
require or dispense with a bond, with or without surety, and
conditioned in the same manner, having due regard for the public
interest. No bond shall be required for issuance of a temporary
injunction issued solely to prevent physical injury or abuse of a
natural person.
(c) Form and Scope. Every injunction must specify the
reasons for entry, must describe in reasonable detail the act or acts
restrained without reference to a pleading or another document,
and must be binding on the parties to the action, their officers,
agents, servants, employees, and attorneys and on those persons in
active concert or participation with them who receive actual notice
of the injunction.
(d) Motion to Dissolve. A party against whom a temporary
injunction has been granted may move to dissolve or modify it at
any time. If a party moves to dissolve or modify, the motion must be
heard within 5 days after the movant applies for a hearing on the
motion.
Committee Note
2017 Adoption. The case law related to Florida Rule of Civil
Procedure 1.610 shall be applicable to this rule.
(a) Temporary Injunction.
(1) This rule does not apply to relief sought under rule
12.610.
(2) A temporary injunction may be granted without
written or oral notice to the adverse party only if:
(A) it appears from the specific facts shown by
affidavit or verified pleading that immediate and irreparable injury,
loss, or damage will result to the movant before the adverse party
can be heard in opposition; and
(B) the movant or movant’s attorney certifies in
writing any efforts that have been made to give notice and the
reasons why notice should not be required.
(3) No evidence other than the affidavit or verified
pleading may be used to support the application for a temporary
injunction unless the adverse party appears at the hearing or has
received reasonable notice of the hearing. Every temporary
injunction granted without notice must be endorsed with the date
and hour of entry and must be filed immediately in the clerk’s office
and must define the injury, state findings by the court why the
injury may be irreparable, and give the reasons why the order was
granted without notice if notice was not given. The temporary
injunction shall remain in effect until the further order of the court.
(b) Bond. No temporary injunction may be entered unless a
bond is given by the movant in an amount the court deems proper,
conditioned for the payment of costs and damages sustained by the
adverse party if the adverse party is wrongfully enjoined. When any
injunction is issued on the pleading of a municipality or the state or
any officer, agency, or political subdivision of it, the court may
require or dispense with a bond, with or without surety, and
conditioned in the same manner, having due regard for the public
interest. No bond shall be required for issuance of a temporary
injunction issued solely to prevent physical injury or abuse of a
natural person.
(c) Form and Scope. Every injunction must specify the
reasons for entry, must describe in reasonable detail the act or acts
restrained without reference to a pleading or another document,
and must be binding on the parties to the action, their officers,
agents, servants, employees, and attorneys and on those persons in
active concert or participation with them who receive actual notice
of the injunction.
(d) Motion to Dissolve. A party against whom a temporary
injunction has been granted may move to dissolve or modify it at
any time. If a party moves to dissolve or modify, the motion must be
heard within 5 days after the movant applies for a hearing on the
motion.
Committee Note
2017 Adoption. The case law related to Florida Rule of Civil
Procedure 1.610 shall be applicable to this rule.