Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When filing a petition for protection against violence in Florida, important differences exist regarding the evidentiary and pleading standards for each type of action. For example, a petition for protection against sexual violence has specific requirements that are not found in a petition for protection against domestic violence, generally. This was an issue in the case Alfonso v. Hierrezuelo, 3D24-899 (Fla. 3d DCA August 20, 2025).
In this case, the mother of a child sought an injunction against the father of the child, accusing him of sexually abusing the child. The mother specifically filed on behalf of the child a petition for injunction for protection against sexual violence. This petition required the mother to state if she had reported the abuse to law enforcement. Before the final hearing, the father moved to vacate the temporary injunction on grounds that because he was the alleged victim’s parent, section 784.046(4)(a)1 required the mother to “[h]ave been an eyewitness to, or have direct physical evidence or affidavits from eyewitnesses of, the specific facts and circumstances that form the basis upon which relief is sought.”
The final hearing went forward and the trial court admitted the child’s statements regarding abuse over the father’s hearsay objection. The court ultimately entered a final order of injunction against domestic violence, rather than sexual violence. The father appealed. The appellate court held “We reverse the final judgment of injunction for protection against domestic violence under section 741.30, as it was entered in violation of the father’s right to procedural due process. [. . .} [R]ather than adjudicate the mother’s petition for an injunction as pleaded under the sexual violence statute, section 784.046, the trial court adjudicated the mother’s petition and entered a permanent injunction under the statute providing for an injunction against domestic violence, section 741.30, Florida. Here, the distinction matters because the two statutes contain different evidentiary demands for the petitioner.” The court concluded “[T]he father was denied due process by the trial court’s adjudication of a protective injunction against domestic violence under section 741.30, and reverse and remand with instructions to vacate the final judgment of injunction for protection against domestic violence entered against the father.”
Schedule your meeting with a Miami family law attorney to understand your rights and remedies in proceeding in your case.