Legal Question in Family Law in Florida
I have an injunction for protection on my ex-husband. In meditation I agreed to remove the injunction for protection. I never followed thru with asking for it to be removed because I still fear for my safety(too much abuse occured during the marriage). His lawyer is taking me to court this coming week to make me remove the injunction for protection. I just recieved another court day for the end of the month. It states that I am the petitioner and I am asking to remove the injunction of protection. Is it legal for his lawyer to file a motion to dismiss the injunction for protection using my name as the petitioner without me knowing? I never wanted to file for this. What are my rights?
3 Answers from Attorneys
Usually if you were the Petitioner in the initial action the style of the matter will remain unchanged as such your name will appear as the Petitioner for subsequent matters. If you read the Petition it will perhaps clarify that it is the Respondent making the request. If it states that you are requesting termination of the injunction then you are able to explain to the court at the hearing that this is not your desire. You should consider having legal counsel at the hearing.
You need to explain to the judge why you have reconsidered and do not want the injunction removed.
You agreed to do it, it was reduced to writing, and you signed the documents. 95% chance you lose the motion.
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