Lawyers for Termination of Injunctions
An injunction, even a permanent injunction, can be terminated at any time upon motion of the petitioner or respondent. There is no specific allegations required by law when petitioning the court to terminate an injunction. Typically, a motion to terminate an injunction, when filed by the person who was initially the petitioner, is granted by the court. The court will typically hold a brief hearing to determine the basis for terminating the injunction and confirm that the original petitioner is no longer in fear of violence.
Consult An Injunction Attorney
While the law allows a respondent to bring a motion for termination at any time, it is advisable for a respondent only to move to terminate the injunction after a significant period of time or after there has been a substantial change in circumstances. After having granted an injunction, the court is very unlikely to lift this injunction unless there has been a change in circumstances. Often, successful termination motions will contain both the passage of a significant period of time, a showing that the respondent has received treatment related to the incident that lead to the injunction being issued and a showing that respondent poses no threat to petitioner.
When considering filing a petition to terminate an injunction, a respondent should do significant work prior to filing any motions with the court. This may include having a licensed attorney contact the original petitioner to get his or her position on the termination of the injunction. While there is no limit on the number of petitions to terminate that can be filed in any given case, it is best to file only one petition as successive petitions will likely be denied unless there is a change in circumstances between the petitions.
Our experienced family law attorneys have the knowledge necessary to maximize your chances of obtaining a termination of an injunction. Before you file anything with the court, speak to one of our attorneys about what can be done to make your petition as successful as it can be.