Modification of Stalking Injunctions and Domestic Violence Injunctions
Yes. Stalking injunctions and domestic violence injunctions can be modified or dissolved under Florida law where there has been a substantial change in circumstances warranting the change. Where a party seeks to modify a stalking or domestic violence injunction and sufficient allegations are made in a motion to support the modification the court must then hold an evidentiary hearing to determine if the modification is justified, and if so, how the injunction will be changed.
Hence even a permanent injunction may not be permanent at all.
In Feldman v. Callins, the Fourth District Court of Appeals for the State of Florida reversed a trial court decision that dismissed a legally sufficient motion to dissolve or modify a stalking injunction. The Court ruled that the where a legally sufficient motion for modification has been filed a party must be given the opportunity to be heard on it.
If you need to talk to a lawyer about a stalking or domestic violence injunction or the modification or dissolution of one contact us to arrange a consultation.