Broward County Criminal Defense Attorney talks about terminating a permanent injunction in Florida…by Neil C. Kerch
Domestic violence is an extremely serious issue, and can give grounds for a restraining order, also known as a domestic violence injunction. An injunction is a court order commanding or preventing an action, which is often sought under exigent circumstances. Many of my criminal cases often involve some sort of domestic violence injunction.
Domestic Violence Injunction Court is especially busy in Florida, with dozens of daily cases filed in every Florida County. Restraining orders and domestic violence injunctions can have an earth-shaking effect on the individual. A restraining order is free to file, is quick in its effect, and can give an incredible tactical advantage to the filing party. Too often people try to go at it alone and suffer consequences of having a permanent injunction enforced against them. That is why it is important to hire competent legal help from the beginning.
Even if a permanent injunction has been granted, there is still a chance to have the injunction dissolved. Section 784.046(10), Florida Statutes (2009), allows the court to modify or dissolve an injunction at any time on the motion of an interested party. Likewise, Florida Rule of Family Procedure 12.540 allows a final injunction to be set aside under specified circumstances. In either event, due process requires that Respondent be given an opportunity for a hearing. See Kugler v. Joosten, 58 So. 3d 323 (Fla. 1st DCA 2011); Raymonvil v. Lewis, 46 So. 3d 139 (Fla. 5th DCA 2010); McCormick v. Shannon, 32 So. 3d 787 (Fla. 2d DCA 2010); Colarusso v. Lupetin, 28 So. 3d 238 (Fla. 4th DCA 2010).
In order to establish entitlement to dissolution of an injunction, the movant must prove that there has been a change in circumstances since the injunction was entered. Baker v. Baker, 112 So. 3d 734, 735 (Fla. 2d DCA 2013); Alkhoury v. Alkhoury, 54 So. 3d 641, 642 (Fla. 1st DCA 2011). This requires the movant to “demonstrate that the scenario underlying the injunction no longer exists so that continuation of the injunction would serve no valid purpose.” Alkhoury, 54 So. 3d at 642. “As a general rule, permanent injunctions, which remain indefinitely in effect, may be modified by a court of competent jurisdiction ‘whenever changed circumstances make it equitable to do so.’ ” (quoting Hale v. Miracle Enters. Corp., 517 So. 2d 102, 103 (Fla. 3d DCA 1987))). Baker v. Baker 112 So. 3d 734, 38 Fla. L. Weekly D1007a. If you or a loved one needs help with any type of injunction issue, please contact the Law Office of Neil C. Kerch LLC.
This Post is informational in nature and is not intended to provide or substitute for legal advice. Each case is unique and should be evaluated by a Criminal Defense Attorney.
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