Can I extend my Domestic Violence Injunction past the expiration date?
Posted By Posted by Damien McKinney on Aug 7, 2012 3:00pm PDT || Aug 7, 2012
When a court grants a Domestic Violence Injunction, they will grant if for a specific period of time. Often it is granted for a period of one year. What do you do after the year has ended and you are still afraid of being harmed? A recent appellate case dealt with this issue. In Lee v. Lee, the Second District of Appeal found that a trial court in Manatee County applied the wrong legal standard when granting an extension of a Domestic Violence Injunction. In this case, Ms. Lee had an injunction and filed a motion requesting the court extend the injunction. The trial court extended the injunction permanently without hearing any evidence. The appellate court held that was wrong and stated that in order to extend an injunction, the Court must hold an evidentiary hearing and determine whether the person requesting the injunction has established that additional domestic violence has occurred or that at the time the petition for extension is filed, he or she has a continuing reasonable fear of being in imminent danger of becoming the victim of domestic violence. If you would like to discuss extending the time period of your Domestic Violence Injunction, contact your expert family law attorneys to discuss your case further.