Alkhoury v. Alkhoury, 54 So. 3d 641 (Fla. 1st DCA 2011). · Go Syfert
Alkhoury v. Alkhoury, 54 So. 3d 641 (Fla. 1st DCA 2011). Cases Citing This Book View Copy Cite
“party, against whom a domestic violence injunction has been entered, must, if such party seeks to dissolve the injunction, demonstrate that the scenario underlying the injunction no longer exists so that continuation of the injunction would serve no valid purpose.”
27 citation events (27 in the last 25 years) across 1 distinct court.
Strongest positive: ERWIN A. LARIOS v. RUTH GUADALUPE LARIOS, etc. (fladistctapp, 2023-04-05)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) ERWIN A. LARIOS v. RUTH GUADALUPE LARIOS, etc.
Fla. Dist. Ct. App. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
party, against whom a domestic violence injunction has been entered, must, if such party seeks to dissolve the injunction, demonstrate that the scenario underlying the injunction no longer exists so that continuation of the injunction would serve no valid purpose.
cited Cited as authority (rule) ITZHAK BAK v. JOYCE BAK
Fla. Dist. Ct. App. · 2022 · confidence medium
Alkhoury v. Alkhoury, 54 So. 3d 641, 642 (Fla. 1st DCA 2011).
discussed Cited as authority (rule) GAVIN D. CADDY v. SUE-ANN N. ROBINSON
Fla. Dist. Ct. App. · 2021 · confidence medium
Bush v. Henney, 175 So. 3d 930 , 930–31 (Fla. 4th DCA 2015) (quoting Alkhoury v. Alkhoury, 54 So. 3d 641, 642 (Fla. 1st DCA 2011)); see also Colarusso v. Lupetin, 28 So. 3d 238, 239 (Fla. 4th DCA 2010). 2.
discussed Cited as authority (rule) TAKIRA T. HINSON v. DETRICK L. HUSSEY
Fla. Dist. Ct. App. · 2021 · confidence medium
See Trice v. Trice, 267 So. 3d 496, 499 (Fla. 2d DCA 2019) (“[T]he movant must show ‘that there has been a change in circumstances since the injunction was entered’ such ‘that the scenario underlying the injunction no longer exists so that the continuation of the injunction would serve no valid purpose.’” (quoting Spaulding v. Shane, 150 So. 3d 852, 853 (Fla. 2d DCA 2014))); Alkhoury v. Alkhoury, 54 So. 3d 641, 642 (Fla. 1st DCA 2011) (same); Simonik v. Patterson, 752 So. 2d 692 , 692–93 (Fla. 3d DCA 2000) (“The trial court has broad discretion in granting, denying, dissolving,…
examined Cited as authority (rule) KEVIN CHRISTOPHER TRICE v. VICTORIA LYNN TRICE (3×) also: Cited "see", Cited "see, e.g."
Fla. Dist. Ct. App. · 2019 · confidence medium
Although section 741.30(6)(c) does not state what a party who seeks to dissolve a domestic violence injunction must prove in order to obtain that relief, our court and others have held that the movant must show "that there has been a change in circumstances since the injunction was entered" such "that the scenario underlying the injunction no longer exists so that the continuation of the injunction would serve no valid purpose." Spaulding v. Shane, 150 So. 3d 852, 853 (Fla. 2d DCA 2014) (quoting Alkhoury v. Alkhoury, 54 So. 3d 641, 642 (Fla. 1st DCA 2011)); see also Bork v. Pare, 252 So. 3d 39…
discussed Cited as authority (rule) JENNIFER MILEY, O B O v. JESSICA DUNN, BY AND THROUGH VICKI DUNN
Fla. Dist. Ct. App. · 2018 · confidence medium
The trial court has broad discretion to modify or dissolve an injunction when changes in circumstances make it equitable to do so, see Alkhoury v. Alkhoury, 54 So. 3d 641, 642 (Fla. 1st DCA 2011) ("[P]ermanent injunctions, which remain indefinitely in effect, may be modified by a court of competent jurisdiction 'whenever changed circumstances make it equitable to do so.' " (quoting Hale v. Miracle Enters.
discussed Cited as authority (rule) JOSHUA S. BORK v. SARA MARIE PARE
Fla. Dist. Ct. App. · 2018 · confidence medium
"This requires the movant to 'demonstrate that the scenario underlying the injunction no longer exists so that continuation of the injunction would serve no valid purpose.' " Id. (quoting Alkhoury v. Alkhoury, 54 So. 3d 641, 642 (Fla. 1st DCA 2011)).
discussed Cited as authority (rule) Hamane v. Elofir
Fla. Dist. Ct. App. · 2017 · confidence medium
Appellee failed to present any evidence at the evidentiary hearing “demons-trat[ing] that the scenario underlying the injunction no longer exists so that continuation of the injunction would serve no valid purpose.” Alkhoury v. Alkhoury, 54 So.3d 641, 642 (Fla. 1st DCA 2011).
discussed Cited as authority (rule) Hamane v. Elofir
Fla. Dist. Ct. App. · 2017 · confidence medium
Appellee failed to present any evidence at the evidentiary hearing "demonstrat[ing] that the scenario underlying the injunction no longer exists so that continuation of the injunction would serve no valid purpose." Alkhoury v. Alkhoury, 54 So. 3d 641, 642 (Fla. 1st DCA 2011).
discussed Cited as authority (rule) Noe v. Noe
Fla. Dist. Ct. App. · 2017 · confidence medium
A party seeking to dissolve an injunction must “demonstrate that the scenario underlying the injunction no longer exists so that continuation of the injunction would serve no valid purpose.” Alkhoury v. Alkhoury, 54 So.3d 641, 642 (Fla. 1st DCA 2011).
discussed Cited as authority (rule) Peaslee v. Perrine
Fla. Dist. Ct. App. · 2016 · confidence medium
Because Appellant’s Motion to Terminate/Vacate the Final Judgment of Injunction was legally sufficient by alleging facts demonstrating “changed circumstances” such that “the continuation of the injunction would serve no valid purpose,” Alkhoury v. Alkhoury, 54 So.3d 641, 642 (Fla. 1st DCA 2011), we hold that the trial court erred in not affording Appellant a meaningful opportunity to be heard before summarily denying his motion.
discussed Cited as authority (rule) Wesley Aaron Peaslee v. Vickie Lynn Perrine, individually etc.
Fla. Dist. Ct. App. · 2016 · confidence medium
Because Appellant’s Motion to Terminate/Vacate the Final Judgment of Injunction was legally sufficient by alleging facts demonstrating “changed circumstances” such that “the continuation of the injunction would serve no valid purpose,” Alkhoury v. Alkhoury, 54 So. 3d 641, 642 (Fla. 1st DCA 2011), we hold that the trial court erred in not affording Appellant a meaningful opportunity to be heard before summarily denying his motion.
discussed Cited as authority (rule) Michael Bush v. Wendy Henney
Fla. Dist. Ct. App. · 2015 · confidence medium
The events which gave rise to this injunction arose during an exchange of the parties’ minor child. “[T]he scenario underlying the injunction no longer exists so that the continuation of the injunction *931 would serve no valid purpose.” Alkhoury v. Alkhoury, 54 So.3d 641, 642 (Fla. 1st DCA 2011); see also Colarusso v. Lupetin, 28 So.3d 238, 239 (Fla. 4th DCA 2010).
cited Cited as authority (rule) Spaulding v. Shane
Fla. Dist. Ct. App. · 2014 · confidence medium
Baker v. Baker, 112 So.3d 734, 735 (Fla. 2d DCA 2013); Alkhoury v. Alk-houry, 54 So.3d 641, 642 (Fla. 1st DCA 2011).
discussed Cited as authority (rule) Baker v. Baker
Fla. Dist. Ct. App. · 2013 · confidence medium
See Reyes v. Reyes, 104 So.3d 1206, 1206 (Fla. 5th DCA 2012) (“[F]or a mov-ant to be entitled to obtain relief on a motion to modify or dissolve a domestic violence injunction, the movant must prove a change in circumstances.”); Alkhoury v. Alkhoury, 54 So.3d 641, 642 (Fla. 1st DCA 2011) (“As a general rule, permanent injunctions, which remain indefinitely in effect, may be modified by a court of competent jurisdiction ‘whenever changed circumstances make it equitable to do so.’ ” (quoting Hale v. Miracle Enters.
cited Cited "see" Reyes v. Reyes
Fla. Dist. Ct. App. · 2012 · signal: accord · confidence high
Accord Alkhoury v. Alkhoury, 54 So.3d 641 (Fla. 1st DCA 2011).
discussed Cited "see" Ramirez v. Teutsch
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See Alkhoury v. Alkhoury, 54 So.3d 641, 642 (Fla. 1st DCA 2011) (explaining that a domestic violence injunction may be modified based on “changed circumstances” and a showing that “the scenario underlying the injunction no longer exists so that continuation of the injunction would serve no valid purpose”).
Retrieving the full opinion text from the archive…
Haifa Y. ALKHOURY, Former Wife, Appellant,
v.
Basem J. ALKHOURY, Former Husband, Appellee
1D10-5498.
District Court of Appeal of Florida, First District.
Mar 2, 2011.
54 So. 3d 641
H. Leon Holbrook, III, for Appellant., Basem J. Alkhoury, pro se, Appellee.
Kahn, Davis, Hawkes.
Cited by 20 opinions  |  Published
KAHN, J.

The trial court, without elaboration, granted a motion filed by appellee, the[*642] former husband, to dissolve a permanent injunction against domestic violence. Appellant, the former wife, seeks review. Because the circumstances that gave rise to the injunction had not changed, we reverse.

Having thoroughly reviewed the extremely graphic testimony presented at the hearing, we have no difficulty concluding that the circumstances that originally justified the injunction had not changed. We also conclude that the former husband made no showing that the injunction did not remain necessary to fulfill the purposes of section 741.80(6)(b), Florida Statutes (2010) (“In determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court shall consider and evaluate all relevant factors alleged.... ”).

Although section 741.30(10), Florida Statutes, provides that either party may move for modification or dissolution of a domestic violence injunction at any time, the statute does not directly speak to the burden of proof upon the movant. As a general rule, permanent injunctions, which remain indefinitely in effect, may be modified by a court of competent jurisdiction “whenever changed circumstances make it equitable to do so.... ” Hale v. Miracle Enters. Corp., 517 So.2d 102, 103 (Fla. 3d DCA 1987). The requirement to show changed circumstances applies equally to modification or dissolution of a protective injunction. See Knight v. Waters, 786 So.2d 1289 (Fla. 1st DCA 2001); Simonik v. Patterson, 752 So.2d 692 (Fla. 3d DCA 2000). Also, and by analogy, a party seeking an extension of a domestic violence injunction “must present evidence from which a trial court can determine that a continuing fear exists and that such fear is reasonable, based on all the circumstances.” Sheehan v. Sheehan, 853 So.2d 523, 525 (Fla. 5th DCA 2003).

Here, we find no indication whatsoever that the former husband presented evidence sufficient to successfully carry the burden of changed circumstances. We also find no evidence to demonstrate that the former wife did not reasonably maintain a continuing fear of becoming a victim of domestic violence. In the specific context of a domestic violence injunction, we believe the “changed circumstances” rule can best be carried out by a requirement that a party, against whom a domestic violence injunction has been entered, must, if such party seeks to dissolve the injunction, demonstrate that the scenario underlying the injunction no longer exists so that continuation of the injunction would serve no valid purpose. Because the former husband presented no such evidence, we find that the trial court should not have dissolved the injunction.

REVERSED and REMANDED with instructions that the injunction against domestic violence be reinstated.

DAVIS and HAWKES, JJ., concur.