Posted by Nydia Streets of Streets Law in Florida Domestic Violence

An injunction or stay away order is valid for as long as a court order indicates. In some instances, the injunction can be indefinite which means the person ordered to stay away from a victim must do so forever or until an order is entered stating otherwise. A person against whom an injunction is entered carries around a record which can affect his or her chances for employment, among other inconveniences. An injunction can be set aside under certain circumstances.

In the case Gaynor v. Gaynor, 232 So.3d 525 (Fla. 1st DCA 2018), a man against whom an injunction was entered filed a motion to dissolve the injunction, arguing it had been 8 years since he had any contact with the victim and he had no reason to have any contact with her in the future. He also alleged that he was imprisoned and the injunction prevented him from participating in re-entry and work release programs.

The trial court summarily denied the motion and an appeal followed. On appeal, the appellate court held because the appellant’s motion was legally sufficient, the court’s summary denial of the motion was a violation of his due process rights. The case was then remanded for the trial court to sufficiently determine the appellant’s motion and determine whether he had alleged a change in circumstances as required by law.

If you are involved in a case concerning domestic violence, contact a Miami domestic violence attorney. A consultation can help you understand your rights and remedies.