2/6/2024 0 Comments Motion to dismiss form florida![]() So, even if you consider that the circumstances have changed, if the petitioner proves that there still exists a fear of becoming a victim of domestic violence, the judge may deny your motion to dissolve the restraining order. 3d 496, living away from each other or not having contact with the other party for a long period may not be enough to have your motion to dismiss approved. Keep in mind that the dissolution of a restraining order is up to the judge’s discretion.Īs proved in Hobbs v. The parties’ sole reason for interacting has ended or will end soon.Parties have interacted without violence for several years or.2012), changes in circumstances include, but are not limited to: If those circumstances changed and the person who filed the injunction is no longer in danger, the restraining order does not serve a valid purpose.Īccording to Ramirez v. Injunctions for protection may be dissolved if the respondent can prove that the circumstances that justified the restraining order no longer exist. Since this will require you to attend a hearing and present your case to the court, you should enlist the help of a criminal lawyer. Under Florida law, you can file a motion to modify the terms or remove the restraining order altogether. If the restraining order is granted, the respondent (the person who received the injunction) will not be allowed to do certain things such as contacting or visiting the other party and owning a gun. In Florida, restraining orders or injunctions for protection are court orders that are meant to protect domestic violence victims or people who are believed to be in imminent danger of violence. How to Remove a Restraining Order in Florida Below is more information about how a motion to dissolve a restraining order in Florida works. If you have a restraining order against you, you may have personal or professional reasons to have it dismissed. ![]() Dissolving a restraining order is up to the judge’s discretion. If the court considers that the petitioner is no longer in danger, the injunction could be removed. To dissolve a restraining order in Florida, the respondent must prove that the circumstances that granted the injunction no longer exist. ![]() For this reason, many people wonder how they can get an injunction removed in Florida. Injunctions for protection, or restraining orders, can negatively affect your life since they prevent you from going to certain places and exercising your right to own a gun, among other things. ![]()
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