Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a party can prove a Florida domestic violence injunction no longer serves a purpose, that party may apply to dissolve, or cancel, the injunction. What are some examples of an injunction no longer serving a purpose? The case Black v. Black, 2D19-3738 (Fla. 2d DCA December 16, 2020) provides one.
The parties were divorced in 2018. Prior to their divorce, an uncontested injunction was entered against the former husband in 2017 which was valid for two years. Prior to the expiration of the injunction and after the parties’ divorce, the former husband learned the former wife moved to a home within a mile of the marital home which he retained. The former husband then filed a motion to dissolve the injunction, alleging it was clear the former wife was no longer in fear of him and her move would cause inadvertent violation of the injunction on his part. The former wife countered by filing a motion to extend the injunction. The trial court denied the former husband’s motion and granted the former wife’s motion, resulting in an appeal.
The appellate court reversed the trial court’s decision, holding that it was error to extend the injunction when the former wife had not pled any additional allegations of domestic violence which would warrant an additional injunction. Simply pleading a fear that an additional act will occur because of proximity is not enough, according to the court. Further, although the issue of the former husband’s request to dissolve the original injunction was moot because the injunction expired by the time the appellate court ruled on the case, the court noted “although the domestic violence injunction statute, section 741.30, Florida Statutes (2019), does not state what a party who seeks to dissolve a domestic violence injunction must prove in order to obtain that relief, our court and others have held that the movant must show ‘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 the continuation of the injunction would serve no valid purpose.’” (internal citation omitted).
If you need help dissolving or extending a Miami domestic violence injunction, schedule a consultation with a Miami domestic violence lawyer.