Posted by Nydia Streets of Streets Law in Florida Domestic Violence
The goal of a civil restraining order in Florida is to protect a victim of domestic violence from future abuse, threats and harassment. Beyond prohibiting the abuser from contacting the victim, these orders can have negative affects on the abuser's job prospects and can generally cause inconvenience. This is why in one recent appellate case, the court reversed a wrongfully-entered restraining order even though it had already expired by the time the appeal was decided.
In the case Mitchell v. Brogden, 1D16-5849 (Fla. 1st DCA 2018), the court considered an appeal of a stalking injunction. While the appeal was pending, the injunction expired by its own terms. However, rather than dismiss the appeal as moot, the appellate court ruled on the merits of the appeal because of the ramifications an injunction can have on the accused. In reversing the injunction, the appellate court held, "Viewing the evidence in a light most favorable to Appellee, we conclude that the evidence did not support a finding that Mitchell's conduct was sufficient to "cause [ ] substantial emotional distress" under the reasonable-person standard we must apply."
If you had an injunction entered against you and you feel it was wrongfully entered, you may have grounds to appeal it or to have it dissolved. Time is of the essence in most cases, however, and the longer you wait to challenge an order, the less chance you may have to overturn it. Schedule a consultation with a Miami domestic violence lawyer today to go over your case and receive specific advice tailored to your case.