Can a Restraining Order Be Dismissed in Florida?

Can a Restraining Order Be Dismissed in Florida?

Posted By R. Gregory Colvin LLC || 17-Aug-2016

In the state of Florida, individuals who are victims of domestic violence, stalking, or some other form of repeated, unwanted contact may petition with the courts for an injunction for protection from the offending party. Often referred to as a restraining order, these injunctions can be used to prevent an alleged abuser from contacting you in person or via phone, internet or other means, as well as requiring them to maintain a certain distance away from you. But what happens if you find that a restraining order is no longer necessary and you wish to have it revoked?

You may vacate, dismiss, or modify a temporary order of protection once it has been filed by requesting that the court enter an order of dismissal and explain why you no longer need the court’s protection. If you have a permanent injunction that you would like to be rescinded, you will need to file a motion with the court or write a letter to the judge and either mail it or bring it in person to the intake location where you filed for the injunction.

It is important to note that it is not enough to simply tell the respondent (the person the restraining order has been taken out against) that it is okay to resume contact. Even with your permission, if the respondent violates the terms of your restraining order before the order is legally rescinded, they could still face serious criminal consequences.

How Do I Remove a Restraining Order Against Me?

Likewise, if you have had a restraining order taken out against you, you may be able to have it dismissed or vacated by requesting a hearing with the courts and showing a change in circumstances since the time the injunction was first issued. If a satisfactory change in circumstances can be shown, the court may set a hearing where you will be given the opportunity to present evidence to attempt to reverse or revoke the injunction.

Any issue involving restraining orders should not be handled without the assistance of a knowledgeable attorney. Whether you are looking to revoke a restraining order or have an injunction against you dismissed, contact R. Gregory Colvin, LLC today. Backed by 25 years of legal experience, our Orlando family lawyers can provide the powerful advocacy you need to maximize your chances of success.

We are available 24/7 to discuss your case. Call (407) 603-3460 or contact us today to get started.

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