Injunction Extension Lawyers
Any injunction issued for a specific period of time can be extended for an additional period if necessary. If an injunction is set to expire soon, it is important that you move to extend the injunction while the court still has jurisdiction to do so. If you move the court to extend an injunction after the injunction has ended, or you can’t get a hearing set before the injunction ends, the court will not have jurisdiction to modify or extend the injunction. Thus, if extension of the injunction is necessary, a petitioner should start the process to extend the injunction well before the end of the injunction period.
Florida Injunction Lawyers
In a case where the petitioner wishes to extend the injunction, one does not have to meet the same standard of proof as in the initial hearing. In fact, “no specific allegations are required” (see Section 741.30, Florida Statutes). While no specific allegations are required, it is advisable to include the following allegations in a petition to extend an injunction:
- State why you continue to be in fear of the respondent or why it is necessary to extend the injunction.
- List any violations of the injunctions.
- List any current conduct of the respondent that is concerning, even if the conduct is not a violation of the injunction.
- If known, state whether the respondent completed any court ordered treatment or counseling.
- If known, list any new injunctions that have been entered against the respondent and whether the respondent has any new criminal cases.
- Include any other details as to why you remain in fear of the respondent.
Generally, if a petitioner can show that he or she is reasonably in fear of future violence by the respondent, the court will extend the injunction. Not only can the court extend the injunction, it can modify the terms of the injunction as needed.
If you have an injunction that needs to be modified, you should speak to one of our injunction and family law attorneys to present your best case to the court. Contact the Law Office of Silverman, Mack & Associates for a free initial consultation regarding your injunction case.