What is Necesary to Dissolve an Existing Doestic Violence Injunction in Florida by Joe Gufford

The case of Reyes v Reyes discusses what is necessary to dissolve a Domestic Violence injunction after an injunction has been issued.
“Case law has not clearly set forth the applicable legal standard for determining whether a domestic violence injunction should be vacated or modified. Some cases seem to require the movant to allege and prove a change in circumstances. See Knight v. Waters, 786 So.2d 1289 (Fla. 1st DCA 2001) (affirming order denying a motion to modify or dissolve a protective injunction under section 784.046 because the motion did not assert a change in circumstances); Simonik v. Patterson, 752 So.2d 692, 693 (Fla. 3d DCA 2000) (“In the absence of evidence that the circumstances have changed, we find no abuse of discretion in the denial of the motion to modify.”). However, other cases have focused on the “at any time” language in the statutory [**3] text, finding that the trial court should have held an evidentiary hearing to allow the movant to present evidence regarding the initial procurement of the injunction. See York v. McCarron, 842 So.2d 281 (Fla. 1st DCA 2003); Madan v. Madan, 729 So.2d 416 (Fla. 3d DCA 1999).Id. at 239. See also Betterman v. Kukelhan, 977 So. 2d 702 (Fla. 4th DCA 2008). HN3We hold that, for a movant to be entitled to obtain relief on a motion to modify or dissolve a domestic violence injunction, the movant must prove a change in circumstances. Accord Alkhoury v. Alkhoury, 54 So. 3d 641 (Fla. 1st DCA 2011). Therefore, for a movant to be entitled to receive a hearing on such a motion, the motion must allege a change in circumstances.

Reyes v. Reyes, 104 So. 3d 1206, 1207 (Fla. Dist. Ct. App. 5th Dist. 2012)


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