I have an injunction against me, from my husbands ex wife. I didn't show for the hearing, so it was granted to her. She has tried to get two contempts on me in the last 6 years but not enough evidence. I filed to have this injunction dismissed, and filed my motion, most of my motion is that there is no threat and the judge should drop this case. The other person feels, she is threatened but its bogus. How do judges usually rule? What is your past cases show with issues of this nature?
I don't believe judges usually rule one way or another for these types of cases. Most judges who listen to injunction cases listen to the evidence presented and try to make a thoughtful and just ruling.
I recommend you hire an attorney for this if it is important to you. The injunction already exists, it is going to be your burden to prove that it should not.
I think most judges are fair and impartial, your failure to appear will not impress the judge unless you have a very good reason! You need to look at the evidence she is putting forth and be able to rebut that conviningly. If you can prove some of it is false or without any foundation, it would be helpful. If you can show an alterior motive for the injunction, that would help as well. Does she have any felonies or something that would reflect poorly on her credibility? Do you have any favorable witnesses, phone records that show you are not calling her, were you out of town on a day she claims you harassed her, etc.
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I agree with my colleagues who have already answered. I would only add that under Florida Statute 784.046 an injunction may be modified at any time. If it's been 6 years since the original injunction was entered I would think there would be good grounds to dissolve the injunction. It's my recommendation that you hire a board-certified civil trial lawyer to represent you at the hearing on the Motion to Dissolve.
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