Can I voluntarily dismiss an injunction?

Can an injunction be dropped or voluntarily dismissed in Florida?

Many people ask whether an injunction can be dropped or voluntarily dismissed. In many cases, the answer is yes. However, the right procedure depends on whether the case is still pending (temporary stage) or whether the court already entered a final injunction.

If you are the petitioner: easiest ways to end the case

If you filed for an injunction and later decide you no longer want to pursue it, you may be able to end the case in a few ways. Most commonly, petitioners either file paperwork to voluntarily dismiss the case or choose not to go forward at the final hearing.

If you are the respondent: you usually cannot “dismiss” it yourself

If you are defending against an injunction, you generally cannot file a “voluntary dismissal” because you did not start the case. Instead, you typically seek dismissal by:

• Winning at the final hearing (no final injunction entered), or
• Filing a motion to dissolve or modify (especially if the court already entered a final injunction).

If you need help planning a defense or ending a case as the respondent, an injunction lawyer can help you evaluate the cleanest path based on your facts, evidence, and court posture.

Temporary vs final injunction: why the timing matters

Timing matters because a temporary injunction is usually a short-term order that lasts until the court holds a final hearing (or until the court changes it). A final injunction, on the other hand, is a formal order that can last months, years, or even indefinitely.

As a result, “dropping” a temporary-stage case is often simpler than ending a final injunction. After a final order is entered, the court typically requires a formal request (motion) and a judge’s approval to dissolve or modify it.

Will I “get in trouble” for dismissing an injunction?

In most ordinary cases, petitioners do not face penalties simply because they choose to dismiss a case or decide not to proceed. That said, every situation is fact-specific. For example, if there are related criminal cases, safety concerns, or allegations of bad-faith filings, the court may address issues differently.

If you are unsure how dismissal could affect you, it is smart to get case-specific guidance before you file anything with the court.

Frequently asked questions

• Can the petitioner drop an injunction after a temporary injunction is entered?

  Often yes, especially if the case is still pending and the court has not entered a final injunction. The cleanest method is usually a written dismissal filed with the court.

• What happens if the petitioner does not show up to the final hearing?

  In many cases, the judge dismisses the petition when the petitioner does not appear or does not present evidence. However, procedures can vary by court.

• Can a respondent “drop” the injunction?

  Usually not directly. Respondents typically seek dismissal by contesting the case at hearing or filing a motion to dissolve or modify a final injunction.

• If a final injunction already exists, can it be ended?

  Sometimes. Ending a final injunction usually requires a motion and a judge’s approval. The court will consider the facts and whether the injunction still serves its purpose.

Florida Bar note: This page provides general legal information only and is not legal advice. Reading this page does not create an attorney-client relationship. Outcomes depend on the facts and local court practices.