Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A Florida domestic violence injunction can be dissolved if the circumstances surrounding entry of the injunction have changed. Due process requires that a party who files a facially sufficient motion to dissolve an inunction be given a hearing before a decision is made on this motion. This was an issue in the case Brown v. Armstrong, 5D22-1125 (Fla. 5th DCA October 3, 2022).
The appellant in this case sought to have a 2010 domestic violence injunction dissolved. The trial court, without holding a hearing on the request, denied the motion. An appeal was taken, and the appellate court reversed, holding “Because Brown’s motion was legally sufficient and alleged a change in circumstances from when the trial court last addressed the injunction, we conclude that the trial court erred in denying his present motion without a hearing. [. . .] We therefore reverse the order under review and remand for the trial court to conduct a properly noticed evidentiary hearing on Brown’s motion.”
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