Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can a victim of domestic violence ask a court to dissolve an injunction or civil restraining order in Florida? According to Florida law, either party may move to dissolve or modify an injunction at any time after an injunction has been entered. This was an issue in the case Green v. Bordiuk, 2D21-2592 (Fla. 2d DCA August 24, 2022).
A domestic violence injunction was entered between the parties six years prior. The victim tried five times in those six years to cancel the injunction, but all were denied. On the fifth denial, the abuser appealed. The victim alleged the parties had matured since the entry of the injunction, that they both attended domestic violence and anger management courses, and that she had attended counseling. She also asserted that she was no longer in fear of becoming a victim of domestic violence and had not feared the opposing party for years.
The appellate court reversed the denial of the victim’s request to cancel the injunction. The court noted “To establish a change in circumstances, ‘the movant must 'demonstrate that the scenario underlying the injunction no longer exists so that continuation of the injunction would serve no valid purpose.’’ [internal citation omitted]. A trial court considers, when determining whether the injunction continues to serve a valid purpose, ‘whether the victim 'reasonably maintain[s] a continuing fear of becoming a victim of domestic violence.’” Under the circumstances of this case, the appellate court held the trial court erred in denying the motion to dissolve.
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