Posted by Nydia Streets of Streets Law in Florida Domestic Violence
To obtain a domestic violence injunction in Florida, the petitioner must be (1) the victim of domestic violence OR (2) reasonably believe that he or she is in imminent danger of becoming a victim of domestic violence. § 741.30(6)(a), Fla. Stat. (2024). The sufficiency of evidence in a Florida domestic violence case was at issue in Rosa v. Heredia, 5D2025-0452 (Fla. 5th DCA September 12, 2025).
The parties to this case were formerly in a relationship that apparently ended. The appellate court noted that the trial record reflected “At the hearing, [the former girlfriend] presented vague allegations of physical violence that had occurred over a year previously in New York but said the main reason she sought an injunction was to get her mail from [the former boyfriend]. [The former boyfriend] categorically denied any history of domestic violence. Further, there was no evidence to show that [the former girlfriend] had reasonable cause to believe she was in imminent danger of becoming a victim of domestic violence. [The former girlfriend] admitted that she had been contacting [the former boyfriend], and [the former boyfriend] testified that he repeatedly asked her to stop coming to his home and contacting him. It was undisputed that [the former boyfriend] did not know where [the former girlfriend] lived.”
Relying on this record, the appellate court reversed the injunction entered by the lower court, holding there was no evidence of domestic violence committed, nor any evidence of imminent fear by the former girlfriend. The court noted “The requisite fear of imminent danger must be an objectively reasonable fear.”
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