Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a long time has passed since the entry of a Florida domestic violence injunction was entered, a party may be able to ask to have it dissolved. The passage of time is not the only factor the court has to consider, however, in determining whether an injunction should be dissolved. This was an issue in the case Labrake v. Labrake, 1D21-456 (Fla. 1st DCA March 16, 2022).
A final judgment of injunction was entered in 2003 against the former husband in this case. The injunction was entered based on the former wife’s allegations that the former husband took her car keys during one incident, and in another also took her property and bent her fingers back. Approximately 17 years after the injunction was entered, the former husband moved to dissolve it, arguing that he had not had contact with the former wife since the entry of the injunction. The former wife opposed this, stating she was still in fear of the former husband and alleged that he had violated the injunction in 2004 or 2005. The trial court denied the former husband’s request and he appealed.
The appellate court decided the injunction should have been dissolved. It held “Here, the injunction was entered in 2003, and [the former husband] moved to have the injunction dissolved seventeen years later. Although Appellee alleged [the former husband] violated the injunction in 2004 or 2005, she admitted that Appellee had not violated the injunction in the almost fifteen years since. Appellee made no allegations of violence or threats of violence on [the former husband’s] part since entry of the injunction. [. . .] Additionally, there was no evidence that [the former husband] had spoken about Appellee with anyone since her relocation or subsequent return. Further, [the former husband] testified that he did not know Appellee’s whereabout following the injunction and stated that he did not wish to have any contact with Appellee going forward.”
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