Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a domestic violence injunction is sought on behalf of a minor child, the court may consider the testimony of the child if it is in the child’s best interest to testify. Such an injunction was an issue in the case Negron v. Bonilla, 6D2024-1213 (Fla. 6th DCA January 9, 2026).
The mother of a child sought an injunction against the father, alleging the father hit the child when the child did not want to continue an extracurricular activity, and that during a time-sharing exchange, the child cried upon seeing the father, the father pulled the child away from the mother, and would not allow the child to keep her phone with her during the timesharing. The judge interviewed the child without either parent present and the child stated she was hit a long time ago, and stated she felt she was in the middle of conflict between her parents. She could not substantiate any recent violence, and she said the worse thing her dad did to her was make her feel she did not have emotions. The trial court entered an injunction against the father and he appealed.
The appellate court reversed, holding “Mother did not carry her burden to show that Child had been, or reasonably feared that she would become, a victim of domestic violence. None of the incidents relayed to the trial court during the evidentiary hearing fit within the definition of domestic violence. Indeed, the trial court made no findings of fact relative to domestic violence but instead focused on Child’s fear of Father and how that fear could be alleviated so as to make visitation with Father comfortable for Child. Child’s fear of being forced to spend time with Father is not competent, substantial evidence supporting entry of a domestic violence injunction.”
Nothing in this article is legal advice. Schedule a meeting with a Miami family law attorney to determine how the law may apply to your case.