Requesting a Modification

According to Florida law, all parties involved in a domestic violence protective order can petition the court for a modification of the order's terms. This includes:

• The person who originally requested the protective order;

• The person who sought the protective order on behalf of someone else; and

• The person against whom the injunction was issued.

While these individuals have the right to apply for a modification, approval of their petition is not guaranteed.

Filing a Petition

To initiate the process of modifying a dification of Injunction. This petition should be filed with the same county court that issued the original protective order and must be done before the initial order expires. Failure to meet this deadline will likely require starting the entire process of oprotective order, the petitioning party must complete and submit a Motion for Mobtaining an injunction from scratch. It is the petitioner's responsibility to ensure that all parties involved are served with a copy of the request.

Modification Hearing

Once a motion for modification is filed, the court will schedule a hearing to address the issue. The petitioner must present strong and compelling evidence to convince the judge that a change is necessary. Typically, this involves demonstrating a significant change in circumstances since the initial protective order was issued. This evidence may include proof of continued abusive behavior by the respondent or evidence that the original allegations were false.

Based on the hearing's outcome, the judge may choose to extend the protective order, clarify its terms, or dissolve it entirely. If the protective order is dissolved, the respondent will no longer be bound by its terms. However, any changes to the order, including extensions, become legally enforceable, and non-compliance by the respondent can result in severe consequences.

Legal Support for Modification Requests

If you are subject to a protective order and still fear the respondent or possess evidence showing that the allegations against you were false, you may benefit from seeking a modification of the protective order. To learn more about the process, don't hesitate to get in touch and speak with one of the dedicated lawyers at Victoria Law. Reach out to us today for assistance.