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Can You Have a Domestic Violence Injunction Dissolved in the Orlando, Florida Area?

You can have a Domestic Violence Injunction in Orlando, Florida dissolved if you show that circumstances underlying the injunction no longer exist and that continuing the injunction would no longer serve a valid purpose. This means that you need to show that the petitioner no longer maintains an objective fear of becoming a victim of domestic violence. 

How it Works

Trial courts have broad discretion in granting, denying, dissolving, or modifying injunctions, and unless there is a clear abuse of discretion that is demonstrated, appellate courts will not disturb the trial court’s decision. After the domestic violence injunction has been entered, either party to the injunction may move to modify or dissolve the domestic violence injunction at any time. 

A party moving to dissolve the domestic violence injunction must show changed circumstances. To establish a change in circumstances, the moving party must demonstrate that the scenario underlying the injunction no longer exists so that the continuation of the domestic violence injunction would have no valid purpose. 

What to Consider

A trial court considers, when determining whether the domestic violence injunction continues to serve a valid purpose, whether the victim reasonably maintains a continuing fear of becoming the victim of domestic violence. Consider the following questions: Does the victim still maintain an objective fear of becoming the victim of domestic violence? An objective fear means a reasonable person would still fear becoming a victim of domestic violence. 

Reasons to Dissolve a Domestic Violence Injunction

You may find it difficult to answer some of the questions above. Some examples of fact patterns where a domestic violence injunction has been dissolved are as follows: 

• The defendant was acquitted of criminal charges arising out of the events that supported entry of the injunction.
• The parties’ marriage has been dissolved. 
• The parties were not living in the same area.
• The parties had not seen each other in six years since the injunction was entered, and the defendant never attempted to contact the victim during that time. 

Another fact pattern is one wherein fourteen years following the entry of the domestic violence injunction, the injunction had not been violated. These are all the common reasons why a Domestic Violence Injunction would be dissolved in the Orlando, Florida area.

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.