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Injunctions for protection may be dissolved if the respondent can prove that the circumstances that justified the restraining order no longer exist. If those circumstances changed and the person who filed the injunction is no longer in danger, the restraining order does not serve a valid purpose.
The burden of proof is on the petitioner to show to the court (by a preponderance of the evidence standard) that they have been the victim of stalking and they need the courts protection. The petitioner must present competent, substantial evidence to the court.
The court will review all documents submitted and could decide at this time to issue a temporary injunction against the person accused of stalking (respondent). This ex parte injunction will be in effect for 15 days, and the court will set a hearing on the petition before the ex parte injunctions expiration.
If the judge decides the sworn allegations contained in the paperwork meet the requirements of Florida law for the issuance of an injunction, the judge will enter a Temporary Injunction, which will be valid for 15 days.
A permanent injunction enjoins the respondent from committing acts of domestic violence and includes other relief the court deems necessary for the petitioners protection, such as ordering the respondent to: surrender firearms and ammunition and participate in treatment, counseling, or BPI.