What is required to dissolve a Florida domestic violence injunction

Posted by Nydia Streets of Streets Law in Florida Domestic Violence Injunctions

What is required to dissolve a Florida domestic violence injunction? According to a recent appellate case, “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 the continuation of the injunction would serve no valid purpose.’” Larios v. Larios, 3D21-2127 (Fla. 3d DCA April 5, 2023).

The parties were previously married. In 2004, the former wife obtained a domestic violence injunction against the former husband and the parties were divorced around the same time. In 2021, the former husband filed a motion to dissolve the injunction, stating he had not contacted the former wife since the injunction was entered, he was remarried and he was serving in the military. The trial court held a hearing and while the former wife did not deny the former husband’s assertions, she nonetheless focused on the circumstances surrounding the entry of the injunction in 2004 and testified that she was still in fear of the former husband. The trial court denied the former husband’s motion and he appealed.

The appellate court reversed, and analyzing the case under an abuse of discretion standard, held “Here, it is undisputed that Former Husband has never been investigated by law enforcement or formally charged with any crime related to the alleged domestic violence, either by civilian or military authorities. The parties’ marriage has been dissolved. Both parties are geographically separate: Former Husband lives in Tampa, while Former Wife resides in Miami. Former Husband does not know Former Wife’s address. Former Husband has had no incidents of domestic violence since the injunction. Former Husband has remarried and risen through the ranks of the United States Air Force, and he has held Top Secret clearance for the past 22 years. And finally, Former Husband has not contacted Former Wife since the injunction was entered.”

The court concluded “Though Former Wife does not dispute that circumstances have changed, she maintains that she has a continuing fear of imminent domestic violence from Former Husband, and therefore the injunction still serves a valid purpose. However, a ‘merely speculative fear of future violence cannot be enough to justify the never-ending existence of an injunction.’” (internal citations omitted). Schedule your meeting with a Miami domestic violence lawyer to understand how the law may apply to the facts of your case.