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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?

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Attorney answers 3

Posted

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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Asker

Posted

Would you recommend that we seek counseling together or us go to counseling separately? This is a very touchy situation. I believe that with no past violence in our relationship, and this being the first ever situation I highly doubt that I will ever cause this much grief, and aggravation that has been incurred for both him, and I. Saying that this was a huge mistake is an understatement.

Asker

Posted

Generally speaking of course. I am aware that you are only able to give advise regarding the law not your personal view. I should have stated that previously.

Heather Morcroft

Heather Morcroft

Posted

Actually, we don't give legal advice on this site. If you want legal advice, you have to actually hire a lawyer, and create a lawyer-client relationship. We give generalized comments here, suggestions on where to go next, not legal advice. And a suggestion on counseling would be personal advice. I don't know what kind of counseling you need. I assumed you were talking about couples counseling based on your question, but you could do whatever you feel would help you most. There is also nothing to prevent you from doing both at the same time. You could go for an initial intake with a counselor and let the counselor make recommendations. That's often what happens, once they get a chance to meet you and hear your concerns and goals.

Posted

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.

Asker

Posted

Thank you for your advice. I was able to find the forms online, and my local clerks office has them as well.

Posted

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.

Asker

Posted

We each have our own attorney, but I feel it best to get several opinions from different lawyers. Every circumstance is different, and maybe someone has been through a case with similar circumstances. Thank you very much for your advice as well.