3rd Oct 2017
A criminal defense attorney in Fort Lauderdale can assist clients in the modification of a domestic violence injunction. Such a modification is possible in cases involving injunctions established to protect against domestic, dating or sexual violence. This modification is only possible through a court motion to vacate or modify the injunction. A criminal defense attorney in Fort Lauderdale can explain the following aspects of these types of cases:
Reasons for Domestic Violence Injunctions
Domestic violence injunctions may be established because of abuse in a relationship, stalking or other reasons. An injunction may be sought independently, due to an arrest for domestic battery or as part of a divorce filing.
Change of Circumstances
In order to modify a domestic violence injunction, the moving party must show that there has been a change in circumstances to justify the modification. A change of circumstances must be such that the injunction is no longer necessary and would serve no purpose. Also, if there is an open criminal case for domestic battery, the moving party must also apply for a change of the conditions of pre-trial release.
Florida law requires there to be a hearing when a moving party seeks to modify an injunction. During this hearing, the moving party may present evidence about what types of circumstances have changed, such as whether the moving party and the person who sought the injunction have interacted since the injunction was sought, the distance between the parties, the limitation of contact between the parties and other changes.