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Can I get this injunction dismissed?

Orlando, FL |

I filed an order of protection against my ex boyfriend because he was harassing me via email and by text message. I provided the court with the documented evidence. I was over the constant harassing. During the court hearing the judge ruled that we should both seek some sort of mental health counseling, and one year order of protection. Which I have both sought counseling. Because we have the same group of friends I knew we were bound to run into each other at some point. Two months after the injunction was ordered we saw each other, & had a long conversation. Legally he violated the terms as did I. We have both agreed that we want the order dropped and us to seek counseling together to work on our relationship. Is this a valid reason to file for a dismissal?

Attorney Answers 3

  1. The judge may or may not give you a hard time about it, and if you then change your mind again, and seek another injunction you probably won't get it. But yes, if you want to go into counseling, that would be a reason to go back to court and ask to dissolve the injunction.

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  2. You should be able to file a motion to dissolve the injunction and at the hearing let the judge know that you are no longer in fear and that no longer exists the need for the order of protection. An attorney should be able to assist you as it is usually a fairly simple process. The clerk's office may also have a form you can file and help you do it on your own.

  3. I agree with my colleagues that it is likely possible. I add that you would be well advised to have an attorney help to avoid any unintended consequences that might later limit your options. Good luck.

    I have been licensed to practice in the State of Oregon since 1990. I am not offering legal advice regarding your question, only general information regarding the law. You are not my client nor am I your attorney unless we sign a retainer agreement.