Anthony Meehan Genova, Esq., B.C.S.
Final judgments of injunction for protection against domestic violence are judicial decrees designed to protect victims from harm, threats, or unwanted contact. Although permanent injunctions remain in place indefinitely, Florida law permits a restrained party to file a motion seeking modification or dissolution of the protective order. However, obtaining dissolution requires an evidentiary showing that satisfies a rigorous legal standard.
Synthesizing statutory principles, appellate jurisprudence, and refined legal composition, this article examines the legal requirements for dissolving a domestic violence injunction, focusing on the decision in Keller v. Keller. This guidance applies to clients in Lakeland and throughout Central Florida, whether they are seeking protection or asking the court to revisit an existing order.
To establish entitlement to the dissolution of a permanent domestic violence injunction, the moving party bears the burden of proving that a substantial change in circumstances has occurred since the entry of the injunction.
Under established Florida appellate precedent—such as Baker v. Baker, 112 So. 3d 734 (Fla. 2d DCA 2013), and Alkhoury v. Alkhoury, 54 So. 3d 641 (Fla. 1st DCA 2011)—the movant must demonstrate that the scenario underlying the injunction no longer exists so that continuation of the injunction would serve no valid purpose. A restrained party cannot satisfy this burden through vague assertions or minor lifestyle changes. Rather, the record must demonstrate that the underlying safety concerns or threats that prompted the injunction have permanently dissipated.
The strict application of this standard is highlighted in Keller v. Keller, No. 3D26-0422, 2026 WL 2725750 (Fla. 3d DCA Sept. 16, 2026). In Keller, an incarcerated husband appealed an order from the Circuit Court for Monroe County denying his motion to dissolve a permanent domestic violence injunction.
The husband argued that his long-term incarceration—serving a prison sentence with an expiration date in the year 2037—constituted a sufficient change in circumstances to justify dissolving the injunction. He asserted that his imprisonment rendered the underlying protective scenario obsolete.
The Florida Third District Court of Appeal rejected the husband’s argument and summarily affirmed the trial court’s order. Examining the specific terms of the injunction, the appellate court emphasized that the judgment prohibited all direct and indirect contact with the former wife, including contact by mail, telephone, or through third parties. The injunction also prohibited contacting anyone connected to the former wife’s employment or school.
The court observed that, even while serving a lengthy prison sentence, an inmate retains the ability to attempt contact through letters, telephone calls, electronic communications, or intermediaries. Because those non-physical modes of contact remained expressly prohibited under the injunction, the husband’s incarceration did not eliminate the scenario underlying the protective order. Consequently, the injunction continued to serve a valid protective purpose.
Florida trial courts possess broad discretion in granting, denying, modifying, or dissolving injunctions. As noted in Pantoja v. Francis, 431 So. 3d 593 (Fla. 3d DCA 2026), an appellate court will not disturb a trial court’s ruling on a motion to dissolve unless a clear abuse of discretion is demonstrated.
Furthermore, under Florida Rule of Appellate Procedure 9.315(a), an appellate court may summarily affirm an order when the appellant’s initial brief fails to demonstrate a preliminary basis for reversal. This summary procedure prevents unnecessary appellate delay when a motion to dissolve lacks legal or factual merit.
Are you seeking to modify, dissolve, or enforce a domestic violence injunction? Our family law attorneys in Lakeland bring deep experience in injunction proceedings and can help you understand your options.
Anthony Meehan Genova, Esq., B.C.S., is a legal professional specialized in family law, particularly known for his extensive experience in trial law and his commitment to community service.
Mr. Genova is Board Certified in Marital & Family Law. This certification, widely regarded as the “gold standard” for Florida lawyers, signifies Florida’s official, independent determination of a lawyer’s expertise to practice in a specialty field of law. The Board Certification program, overseen by The Florida Supreme Court and administered by The Florida Bar, rigorously evaluates all board-certified lawyers for credibility, expertise, professionalism, and ethics.
To achieve this esteemed certification, Mr. Genova demonstrated a dedication to achieving a heightened level of excellence through character, professionalism, ethics, and credibility. The rigorous process requires at least five years of practice, substantial involvement in the chosen area, successful passing of a comprehensive examination, and a rigorous peer-review process. Additionally, board-certified lawyers must satisfy continuing legal education requirements that are more robust than those for general licensure. This certification is valid for five years and requires continued practice and attendance of Florida Bar-approved continuing legal education courses for recertification. As of 2023, only 260 lawyers in Florida (less than 1% of the 114,000 eligible Florida Bar members) have earned board certification in Marital and Family Law. Clients retaining a board-certified lawyer like Mr. Genova gain access to specialized expertise, professionalism & ethics, credibility, and a heightened dedication to excellence, offering assurance of a heightened level of proficiency in Marital & Family Law.
In addition to his board certification, Mr. Genova has been a Supreme Court Certified Marital & Family Law Mediator since 2019.
Mr. Genova is also trained in Collaborative family law since 2017.
He has been a dedicated member of the Executive Council of the Family Law Section of the Florida Bar since 2016. His significant involvement within this section includes various leadership and committee roles, demonstrating a deep engagement with the evolution and practice of family law. Mr. Genova is currently the 2025-26 Chairman of the Domestic Violence Committee and has a “Stand Your Ground” article published in the September/October 2026 Florida Bar Journal.