Domestic Violence Injunction Florida

By April 27, 2019Uncategorized

How Long does A Domestic Violence Injunction Last?

Once entered, a domestic violence injunction “shall remain in effect until modified or dissolved.”

How do I Remove a Domestic Violence Injunction?

Either party to a domestic violence injunction proceeding can move to modify or dissolve the injunction “at any time.” See Fla. Fam. L. R. P. 12.610(c)(6).

What do I Do to DO Now to Remove a Domestic Violence Injunction?

Although the law does not state what a party who seeks to dissolve a domestic violence injunction must prove in order to obtain that relief, the court and others have held that the person wanting to remove an injunction must show “that there has been a change in circumstances since the injunction was entered” such “that the scenario underlying the injunction no longer exists so that the continuation of the injunction would serve no valid purpose.”

How Does the Court Place an Domestic Violence Injunction?

For a domestic violence injunction to issue in the first place, there must be either an actual act of domestic violence or a reasonable fear that domestic violence is imminent.  

How Does a Person Extend a Non-Permanent Injunction for Domestic Violence?

When a party seeks to extend a nonpermanent injunction against domestic violence, he or she must demonstrate that an additional act of domestic violence has occurred or that there is a reasonable fear of imminent domestic violence.  

 It follows that a reasonable fear of imminent violence is also necessary to justify denying a motion to dissolve a domestic violence injunction that is otherwise supported by the requisite change in circumstances. 

An Example of Domestic Violence Injunction Changed.

In a 2019 case, a man had a domestic violence injunction placed against him.  His wife claimed he had committed domestic violence against her because he was in his car in a parking lot and told her he would kill her.  He was scared to challenge the domestic violence injunction because he was under criminal charges.

6 years after the domestic violence injunction was placed on him, he had been acquitted of the criminal charges arising out of the events that supported the entry of the permanent injunction; (2) the parties’ marriage had been dissolved; (3) he was living in Kansas, not Florida; (4) She had moved and was living in another country, not Florida; (5) the parties had not seen each other in six years; and (6) he had made no attempt to contact her for six years. 

If you think your ex-wife or girlfriend has made a domestic violence injunction and that she was wrong and that the Court ordered your injunction based on fraud or lies or that things have changed substantially, we can help you today.

Call The Miami Law Firm at 786-454-2411 or via email at vbao@thelawmiami.com

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