Motion to Dismiss / Dissolve an Injunction
After an injunction for protection is granted, either the petitioner or the respondent can file a motion to dismiss or dissolve the injunction based on a change in circumstances. The motion can be filed in all types of injunction cases including domestic violence, dating violence stalking, or repeat violence.
As a practical matter, the court is most likely to grant the request to dismiss or dissolve a previously entered final injunction when the request is made by the petitioner. If the respondent makes the request and the petitioner objects, then the court will be unlikely to grant the request absent extraordinary circumstances.
During a hearing on the motion, the court will consider whether the party moving for the dismissal has demonstrated that the facts underlying the injunction no longer exist making a continuation of the injunction unnecessary because it serves no valid purpose.
If any party opposes the dissolution, that party might demonstrate that he or she still has a reasonable fear of becoming a victim of domestic violence, stalking, repeat violence, dating violence, or elderly exploitation.
When deciding a motion to dissolve an injunction for protection, the trial court has broad discretion in granting, denying, dissolving, modifying, or dissolving injunctions. Unless a clear abuse of discretion is demonstrated, appellate courts will not disturb the trial court’s decision.
For these reasons, you should retain an attorney if you want an injunction for protection (retaining order) dissolved (dropped or terminated early).
Attorney to Dismiss / Dissolve an Injunction in Tampa, FL
If you would like to have an injunction for protection dissolved, then contact an experienced attorney at Sammis Law Firm in Tampa, FL.
We help clients contesting the allegations in a petition for an injunction for protection in Hillsborough County and throughout the surrounding counties including Hernando County, Pasco County, Pinellas County, Manatee County, and Polk County.
Our main office is located in downtown Tampa. We also have a second office in New Port Richey across from the courthouse at the West Pasco Judicial Center.
We help clients served with an order for protection to prevent domestic violence, dating violence, repeat violence, stalking, or elderly exploitation. We are also experienced in fighting risk protection orders.
Request for Voluntary Dismissal of the Temporary Injunction
In some cases, the petitioner will file for the injunction for protection but then have a change of heart before the final hearing. In those cases, the petitioner can file a motion for voluntary dismissal in writing.
The request for voluntary dismissal of an injunction for protection against domestic violence, repeat violence, dating violence, sexual violence, or stalking comes with an acknowledgment that the petitioner, being duly sworn under oath, agrees that he or she is making the request to dismiss the injunction freely and without duress.
Order Dismissing the Petition for Protection (Restraining Order)
The court might then issue an order for dismissal of the temporary injunction for protection. The standard form order provides:
Order Dismissing the Petition for Protection
THIS CAUSE came before the Court on _______, upon the Petitioner’s action for an injunction for protection against domestic violence, repeat violence, dating violence, sexual violence, or stalking.
Based upon the following circumstances, the Court dismisses the Petition:
- petitioner failed to appear at the hearing scheduled in this cause;
- petitioner appeared at the hearing but desires to voluntarily dismiss the action; or
- the evidence presented is insufficient under Florida law (section 741.30. 784.046, or 784.0485, Florida Statutes) to allow the Court to issue an injunction for protection against domestic violence, repeat violence, dating violence, sexual violence, or stalking.
Therefore, the request to dismiss the temporary injunction is granted without prejudice.
This article was last updated on Friday, August 28, 2020.