13th Aug 2018
If you made the mistake of not hiring a criminal defense attorney in Miami Dade when you were notified of an injunction pending against you, a final injunction may have been granted against you. A criminal defense attorney in Miami Dade may be able to help you modify an existing injunction. However, the process is often difficult because Florida law requires that there be strong evidence to change or dismiss an injunction once it is in place.
To get a court to dissolve or modify an existing injunction, you need to be able to provide a “sufficient showing of changed circumstances. ” For example, you may need to show that the events or scenario that underlie the initial reasoning for the injunction are no longer existent.
One acceptable reason that Florida courts have found to modify or dissolve an injunction are when the former partners live a great distance from each other, eradicating the need for the injunction to remain in place. Another common reason an injunction may be lifted or modified is when the parties have interacted with each other without any violence for several years. Likewise, the court may order a modification or dismissal of an injunction when the only reason for interacting has come to end.
A Florida court may be convinced to modify an injunction if your skilled criminal defense attorney can show that the injunction serves no real purpose. The court has wide discretion in granting a modification or dissolution of an injunction. An experienced criminal defense attorney can discuss the options available in your particular case.