Can a Dating Injunction Be Removed?
Violent encounters between those that are in a dating relationship may escalate and lead to serious harm, which is the purpose of the imposition of a dating injunction. Dating violence injunctions are also called restraining orders, which limit the contact between two people for a set period of time. Most dating injunctions are initiated by one person in the relationship; however, having an injunction removed may be requested by either party but must be issued by the court.
What Is a Dating Injunction?
A dating injunction is meant to create a safe space for victims of violence from a person they are dating. While domestic violence injunctions are similar, they are specifically for those who live together or have a family relationship. A dating injunction can be used between those with a significant, intimate relationship to limit contact and prohibit violence or abuse. The restraining order can be issued for those in imminent danger of dating violence, or danger of repeated dating violence. The dating injunction can be requested by the victim of dating violence or by the parents of a minor who is threatened by dating violence.
A judge can create a dating injunction that contains various restrictions. Common restrictions include prohibiting the alleged offender from contacting or coming within 500 feet of the victim or their home, place of employment or school. Other restrictions can include surrendering any firearms or prohibiting the use of a firearm.
If the dating injunction is violated, it can mean serious consequences for the alleged dating violence offender. It is a criminal offense and can result in a first-class misdemeanor with fines and up to one year in jail.
Removing a Dating Injunction
Either party involved in a dating injunction can petition to have the injunction dissolved. For the accused offender, this can occur when they first receive the dating injunction. If the accused offender feels they have been falsely accused or has no intention of committing violence upon the alleged victim, they can present evidence to the court to have the injunction modified or dissolved. A petition must be filed and the moving party (the person filing for modification of the dating injunction) must be present at the hearing.
If you are involved with a dating injunction that you want removed or dissolved, contact our team at Tison Law Group. We can help you present your case to the court to modify the dating injunction or dissolve it completely. Call our office in Tampa Bay to schedule a consultation to discuss your situation.