Can You Modify or Dissolve an Injunction?
- April 18, 2023
- ontarget
- Family Law
- 0 Comments
Pursuant to 741.40(6)(c), Florida Statute (2022), the terms of the injunction shall remain in effect until modified or dissolved.
Modifying or Dissolving an Injunction
Either party may move at any time to modify or dissolve the injunction. Because permanent injunctions are open ended and everlasting, they must be subject to dissolution when the circumstances that justified such an injunction are no longer operative.
A party who seeks to dissolve a domestic violence injunction bears the burden of showing 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 continuation of the injunction would serve no valid purpose.
Denying a Motion to Modify or Dissolve an Injunction
Reasonable fear of imminent violence is a legally necessary predicate to the issuance and extension of a domestic violence injunction. Reasonable fear of imminent violence is also necessary to justify denying a motion to dissolve a domestic violence injunction that is otherwise supported by requisite change in circumstances. A mere speculative fear of future violence cannot be enough to justify the never-ending existence of an injunction. Subjective fear is not enough to maintain a permanent injunction.
The standard of proof requires that for the injunction to continue, the fear must be reasonable.
Case Example
One example of such is where the trial court erred in denying a motion to dissolve a domestic violence injunction entered eighteen years prior; the ex-wife’s fear of domestic violence was subjective and based on speculation so it was insufficient to support the continuance of the injunction.
Holding that the trial court erred in denying a motion to dissolve a domestic violence injunction entered fourteen years prior, where the movant had never violated the injunction and its continued existence affected the movant’s ability to travel overseas.
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.