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Vacating A Restraining Order

Aggressive Trial Attorney With a Reputation for Success

If you have had a permanent injunction (restraining order) imposed upon you, then you know the damaging effects this can have on your reputation. Not only is a permanent injunction a public record, private online background check websites can detect if a permanent injunction has been entered against you. This is a black mark on your reputation, almost as bad as a felony conviction. This can prevent you from being able to get a job.

However, Florida law allows either party - Petitioner or Respondent - to "move at any time to modify or dissolve the injunction.” Fla. Stat. § 784.046(7)(c).

The standard is that the moving party demonstrate a change in circumstances that would warrant the court vacating, or dissolving, the permanent injunction.

If a permanent injunction has been imposed due to an allegation of domestic violence and a significant period of time has passed, you may want to consider asking the court to vacate the injunction. If it has been several years since you have had any contact with the other party, that may be a sufficient change in circumstances to warrant the dissolution of the injunction.

Attorney Eric Matheny assists clients with restraining order/injunction matters in Miami and Broward.