Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can a domestic violence injunction be denied on the basis that a criminal case is pending and therefore the criminal court is in a better position to address the issues raised in the petition? The Florida Statutes mandate that a hearing must be held when a properly filed domestic violence petition is pending. This was an issue in the case Doe v. Days, 1D22-3652 (Fla. 1st DCA July 19, 2023).
The alleged victim filed a petition for protection against domestic violence. Without holding a hearing, the trial court entered an order denying the petition on the basis that the pending criminal case was the appropriate forum to address the allegations. The alleged victim appealed.
The appellate court reversed, holding “Stalking injunctions are governed by section 784.0485, Florida Statutes (2022). Relevant to the issues here, subsections (1) through (5) set forth the pleading requirements, hearing requirements, and what a trial court must do when it denies a request for an ex parte petition. The Legislature has directed trial courts to set a hearing when a petition for injunction for protection against stalking is filed. § 784.0485(4), Fla. Stat. (2022); Fla. Fam. L. R. P. 12.610(b)(3)(A). That did not happen here. The trial court simply denied the petition. Our review of the petition shows that Appellant complied with the pleading and filing requirements set forth in subsection (3). A review of the trial court’s order denying the petition does not indicate otherwise. In its order denying the petition, the trial court wrote that the matter was better left to the criminal court. But the existence of a pending criminal case against the respondent is not a legal ground for the denial of the petition.”
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