Posted by Nydia Streets of Streets Law in Florida Domestic Violence
The Florida Statutes authorize a person to seek an injunction against dating violence. In order to obtain such an injunction, the person must show with competent, substantial evidence that he or she is in imminent fear of another future act of violence. This was an issue in the case Whitfield v. Meeks, 1D20-2974 (Fla. 1st DCA July 15, 2021).
The parties dated for approximately one year. The former girlfriend testified that the former boyfriend committed three acts of violence: (1) sometime before May 2019, the former boyfriend allegedly placed his hands around the former girlfriend’s neck; (2) in May 2019, the former boyfriend allegedly destroyed the former girlfriend’s personal property, threw her against a vehicle and choked her; and (3) in September 2019, the former boyfriend allegedly showed up at the former girlfriend’s workplace and damaged her vehicle. On the same day in September, the former girlfriend filed her petition for injunction. She did not tell anyone what happened to her, did not take photographs and did not file a report until the September incident. She admitted that shortly before the September incident, she visited the former boyfriend at his house with her son and invited him and his family to a birthday party for her son.
The former boyfriend had witnesses willing to testify about the September incident, as well as his mother who could testify as to the former girlfriend’s demeanor. He denied the allegations against him and testified that the former girlfriend was angry with him because he told her he was going to end things between them and work things out with his wife. Ultimately the trial court did not allow the former boyfriend’s witnesses to testify, and stated it was not entering an injunction based on the September incident because the evidence was contradictory on that issue. However, the trial court did enter an injunction based on the incidents that allegedly occurred in May 2019 and before. The former boyfriend appealed the five-year injunction.
In reversing the trial court’s decision, the appellate court noted “Here, the trial court found that dating violence had occurred and entered a final injunction based upon the pre-May 2019 and May 2019 incidents. The trial court expressly stated that it was not entering the injunction based on the September 2019 incident, finding the evidence was contradictory in that regard. The more recent of the two acts of violence underlying the injunction occurred approximately four months before the filing of the petition and sixteen months before the final hearing and the entry of the final judgment of injunction in September 2020. The record provides no indication that there has been any violence or threat of violence* since May 2019, and Appellant’s unrefuted testimony reflected that there has been no contact between the parties since September 2019.” The court also noted the unrefuted testimony that the former girlfriend visited the former boyfriend’s home in September 2021 which contradicted her claim of being in imminent fear. Last, the appellate court noted that even if the evidence had been sufficient to support the entry of an injunction, it would have still reversed the ruling based on the violation of the former boyfriend’s due process rights where he was not allowed to call relevant witnesses.
If you are involved in a Florida dating violence injunction case, schedule a consultation with a Miami domestic violence lawyer to understand how the law may apply to your case.