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Archive of November 2014

November 21, 2014

Appellate Court Rules on Criteria to Dismiss a Domestic Violence Injunction

The midst of our world today, sometimes circumstances arise that require individuals to protect themselves from ones that potentially could harm them. Injunctions, also sometimes called restraining orders, are court orders prohibiting an individual from having contact with another individual, usually also ordering how much distance must remain between the two individuals at all times. An Injunction for Protection Against Domestic Violence is a valuable tool that is available to folks in certain situations. If you are ever on the receiving end of an Injunction, the law can become slightly confusing regarding the requirements to obtain and maintain such an injunction. Injunctions can be awarded for a specific amount of time or permanently. The appellate court has ruled that in order to establish entitlement to dissolution of an injunction, the movant must prove that there has been a change in circumstances since the injunction was entered. This requires the movant to show a change of circumstances whereby the scenario underlying the injunction no longer exists so that continuation of the injunction would serve no valid purpose. Knowing what you can and cannot do in situations like this is very important and should scrutinized carefully. Pates Law Group handles these types of matters and we would be happy to see if we could be of assistance to you!

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