Allegations of child abuse or neglect can generate criminal or family cases against the accused. In many cases a parent accused of child abuse or neglect by the State of Florida in a criminal case will also find themselves defending against a Supplemental Petition to Modify a parenting plan or custody. Sometimes a third case of an injunction for protection against domestic violence could also be brought.
Domestic violence has made a lot of headlines recently and by now most of us have seen the ads the NFL felt compelled to bombard us with. My office defends those accused of the criminal charge of domestic violence but we also represent victims seeking injunctions and proceeding with divorce or dissolution of marriage.
You can vacate, dismiss, dissolve, modify or change an order of protection against domestic violence, injunction or restraining order, sometimes also called a stay-away order. Once a domestic violence injunction is in place, the only way to remove it is through the court. Often people seek out a domestic violence divorce or family lawyer after it is too late and the court has already entered an injunction. If circumstances have changed, you can ask the court to change the order of protection against domestic violence. To get relief from the injunction, a party must show that the scenario underlying the injunction no longer exists so that the continuation of the injunction would serve no valid purpose.