Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is needed to dissolve or cancel a Florida domestic violence injunction? For one, the party seeking to dissolve the injunction needs to show a change in circumstances. This was an issue in the case Hart v. Moore, 4D2024-3222 (Fla. 4th DCA September 8, 2025).
The mother of the children in this case previously sought and obtained a domestic violence injunction on the children’s behalf against the father. The father later moved to dissolve the injunction, offering as evidence of a change in circumstances his therapist’s testimony that he had not shown any aggressive behaviors, and his completion of court-ordered classes plus voluntary enrollment in therapy. The trial court declined to dissolve the injunction and the father appealed.
The appellate court reversed, holding “[The mother] —as the minors’ representative—did not present any evidence of an objectively reasonable fear of future domestic violence. The son testified to vague threats against [the mother], his mother. However, [the mother] undermined any suggestions that she was fearful of [the father] when she informed the court that she told her children they could reach out to [the father] when they wanted. See, e.g., Labrake v. Labrake, 335 So. 3d 214, 217-18 (Fla. 1st DCA 2022). Accordingly, we reverse and remand with instructions to dissolve the injunction.”
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