Something that people who seek injunctions often wonder is whether that injunction can be modified, vacated, dismissed, or dissolved after it is in place. It is possible to do that, but the only way is through the court. In many instances, a person might obtain an attorney to make changes to an injunction after it’s too late to do so because it has already been approved.
If anything changes regarding the circumstances, it is possible to ask the court to modify an order. The person must prove that the situation surrounding the injunction no longer exists and that keeping the mandate would be detrimental to both parties.
For someone to get a hearing determining if dissolving an injunction is an option, they have to prove there has been a change in the situation. Especially relevant in cases of domestic violence, the court will take the current situation into account. In the scenario of an open case, the individual would have to apply for a change in the conditions of their pre-trial release in addition to the modification to the injunction. Only the judge can determine whether to have the directive changed or removed altogether.
In one case, a judge was handling injunctions for domestic violence cases and denied a motion without a hearing, which the prosecutor appealed later. The individual seeking the injunction filed a motion to dissolve the injunction that his ex-wife requested on the grounds of domestic violence. The court denied. The man’s action alleged that the circumstances between he and his former wife had changed since the injunction had become active. He claimed that for years they had been able to interact without violence and that he lived far away from her. He also said that their only interaction was limited to shared exchanges with their child.
Ultimately, the appeals court determined that as a result of those circumstances, denying the motion to dissolve the injunction had been a mistake. The appeals court subsequently reversed the order and put in for an evidentiary hearing.
In general, if the circumstances between the two parties change and make the need for the injunction invalid, it is possible to dismiss it. Similarly, the terms of the injunction can also be modified depending on the circumstances surrounding the relationship or lack thereof between the parties.
If anything changes in a case, it’s important to speak with an experienced attorney about the situation and to appeal through the court as soon as possible. Injunctions are serious and delicate matters, requiring educated legal representation.
If you need assistance with your injunction, don’t hesitate to speak with the Fighter Law Firm. Located just outside of downtown Orlando, our team of highly experienced lawyers are devoted to helping Central Florida victims obtain injunctions and assisting alleged perpetrators to clean their slate. If you are in need, we hope to do the same for you. Contact us today at (407) 449-1574 for a free consultation.
After an injunction is granted, the respondent can file a motion to dismiss based on a change in circumstances. In other words, you must prove that the situation surrounding the injunction no longer exists and that keeping the mandate would be detrimental to both parties. Similarly, the terms of the injunction can be modified depending on the conditions surrounding the relationship or lack thereof between parties.
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