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  1. #1
    Join Date
    Aug 2011
    Posts
    1

    Default Can the Petitioner of a Permanent No-Contact Injunction Have the Injunction Removed

    My question involves restraining orders in the State of: Florida

    My ex-wife took out and had approved a no-contact permanent injunction against me including her and my six children. Can she apply for and have removed and or alter the injunction herself? Or does it have to be me to do so?

    There is plenty of evidence tht the injunction is spurrious from the beginning, but now abusive and neglectful keeping their fantastic Dad from his children.

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Can the Petitioner of a Permanent No-Contact Injunction Have the Injunction Remov

    You can't do anything to modify an order that protects parties from you. Apparently, there was ample evidence to grant the order. Why would your ex be willing to modify an orderthat she requested?

  3. #3

    Default Re: Can the Petitioner of a Permanent No-Contact Injunction Have the Injunction Remov

    SHE can ask the court to modify or rescind the order. However, if there is any history of violence, both sides need to understand that Florida courts and CPS can be rabid when it comes to application of "failure to protect" philosophy. What that means is that if violence has been reported, and a judge has granted a RO based on a a report of that violence, then if the petitioner (mom in this case) later comes back and essentially wants to expose the children to a potentially violent situation again, that the state may stick it's nose in to evaluate whether the children should be removed from BOTH parties. In other words, if there was reason to include the children in the original order, the court could drop the order at mom's request, but could do so at the expense of telling mom "you're an adult, and you can certainly choose to drop the protection for yourself, but now that you've told us that there is a potential for violence in the prescence of children, we'll make sure the children don't go back WITH you". The degree of risk of that happening is dependent on what mom's original story was that caused the judge to issue the order and to include the children under it.

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