Can Restraining Orders Be Dismissed?

When a person has a reasonable cause to fear for their safety, such as domestic violence, they may seek a restraining order, also called an injunction, against another individual. Over time, situations change and what may have been appropriate in the past may no longer be right for the future. For example, if all parties involved are on better terms but a restraining order complicates issues such as visitation, it might be time to re-examine the initial injunction.

In Florida, there are a number of factors that go into determining whether a dismissal or modification of a restraining order can be approved.

Once in place, individuals must go through the court in order to modify or dismiss an injunction. Both the person who an order was filed against (the respondent) and the initial petitioner may file a motion for termination. For eligible cases, a hearing will be granted in front of a judge where you may present evidence as to why a restraining order is no longer relevant. You must notify the other parties involved about your intentions and it is generally advisable to confer with them before taking action.

A court may consider issues including:

• Information relating to the change in circumstances of either party such as employment or sources of income and change of address
• Legal history regarding additional court cases or injunctions sought by either party
• The reasoning behind the request for the modification
• The specific changes you are seeking to make

Generally, in order for a judge to approve a modification, you must show that a drastic change in circumstances has occurred since the initial order was filed. It must also be proven that the initial petitioner no longer fears for their safety and that they are not supporting a motion due to coercion. During this process, an attorney can be invaluable and can work on your behalf to maximize the chances of dismissal.

Effective Family Law Attorney

If you are located in Florida and are seeking to modify or dismiss a permanent or temporary injunction, the Tampa divorce lawyer at Catherine W. Real, P.A. can help. With more than three decades of legal experience, Attorney Catherine Real is intimately familiar with all aspects of family law and can represent your interests no matter how complex your situation. If you have questions regarding a restraining order that has been filed against you, do not hesitate to contact the firm today.

Call and discover the options available to you.