Miami family law attorney blog
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Domestic Violence
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When should a judge be disqualified from presiding over a Florida family law case? Florida law holds “Although a judge may form mental impressions and opinions during the course of hearing evidence, he or she may not prejudge the case.” Minaya v. State, 118 So. 3d 926, 929 (Fla. 5th DCA 2013). Disqualification of a judge was an issue in the case Meredith v. Meredith, 5D2025-0873 (Fla. 5th DCA September 26, 2025).
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).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is needed to dissolve or cancel a Florida domestic violence injunction? For one, the party seeking to dissolve the injunction needs to show a change in circumstances. This was an issue in the case Hart v. Moore, 4D2024-3222 (Fla. 4th DCA September 8, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When criminal domestic violence charges are filed in addition to a civil injunction petition, does the dismissal of the criminal charges mean the injunction gets dismissed as well? This was an issue in the case Thompson v. Vilches, 3D24-1814 (Fla. 3d DCA September 10, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
If a motion to dissolve a Florida domestic violence injunction is filed in the incorrect division of a court, what is the next step? This was an issue in the case Marcionette v. Marcionette, 6D2024-0289 (Fla. 6th DCA August 29, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
The entry of a Florida domestic violence injunction is civil in nature, however penalties for violating the injunction can bring criminal charges. Although there are serious consequences to having a civil injunction entered, the trial court has broad discretion to enter an injunction. This was an issue in the case Villareal v. Hernandez, 3D24-1722 (Fla. 3d DCA September 3, 2025).
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).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Many times, allegations of abuse that are too remote in time are not enough to sustain a Florida domestic violence injunction. There must be relatively recent allegations, and then the court can consider past allegations in the context of the recent allegations. This was an issue in the case Harrington v. Giancola, 6D2024-0828 (Fla. 6th DCA July 18, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a domestic violence injunction is entered in Florida, the order can give the victim exclusive use and possession of a home, despite ownership interest. Can the owner still evict the victim while the injunction is in place? This was an issue in the case Castillo v. Aldahondo, 6D2023-1694 (Fla. 6th DCA June 27, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A trial court in a Florida domestic violence injunction case weighs the credibility of witnesses and determines who to believe when there is conflicting testimony. When a party appeals an injunction, the appellate court usually does not second-guess the credibility determinations made by the trial court. This was an issue in the case Lau v. Gonzalez, 3D24-1491 (Fla. 3d DCA June 4, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Judges in Florida domestic violence cases have “broad discretion in granting, denying, dissolving, or modifying injunctions, and that decision will not be disturbed on appeal absent a clear abuse of discretion”, according to Johnson v. Navabi, 3D25-0147 (Fla. 3d DCA May 14, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A petition for injunction against dating violence in Florida requires that the alleged victim show a dating relationship, violence during the relationship and imminent future violence. This was an issue in the case Adams v. Cox, 5D2023-1821 (Fla. 5th DCA May, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a child accuses someone of sexual abuse, an injunction for protection against sexual violence may be entered in Florida. However, there are strict evidentiary requirements for such an injunction to be entered, and this was an issue in the case Castro v. Gutierrez, 3D23-2256 (Fla. 3d DCA April 16. 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is considered appropriate punishment of a child versus abuse? Corporal punishment is allowed in Florida, but there are limits. One way abuse by a parent might be addressed is through a Florida domestic violence injunction. This was an issue in the case Bechert v. Bechert, 4D2024-0951 (April 9, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Is a Florida family court required to allow a party to appear by phone at a hearing? The decision to allow telephonic or other electronic appearance in a Florida family law case is within the trial court’s discretion. This was an issue in the case Sanzaro v. Crowe, 6D2023-1796 (Fla. 6th DCA March 21, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Florida Rule of Family Law Procedure 12.407 prohibits a child who is a witness or related to a family law case from being compelled to attend and testify at a hearing without prior order of the court based on good cause shown. This rule is designed to safeguard children from the effects of a court proceeding. Does this rule expand the due process rights of the parents involved in the proceeding? This was an issue in the case Schmigel v. Schmigel, 1D2024-1572 (Fla. 1st DCA March 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a party admits to physical violence against another person, is a court required to enter a domestic violence injunction? This is how the wife in the case De Jager v. De Jager, 3D23-1599 (Fla. 3d DCA January 29, 2025) construed the trial court’s rationale when it entered an injunction against her in favor of her husband.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Stalking injunctions in Florida are reserved for victims who can show evidence of substantial emotional distress as a result of the repeated harassment of another person. This was an issue in the case Abercrombie v. Nenneman, 2D2023-2110 (Fla. 2d DCA January 22, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Florida stalking injunctions are designed to address situations in which a person repeatedly follows, contacts, or harasses another person without any reason to do so, and in doing so causes the victim substantial emotional distress. In a recent appellate case, a mother was accused of stalking her son, daughter-in-law and granddaughter. The case is Savage v. Bustillo, 1D2023-2687 (Fla. 1st DCA December 11, 2024).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
One of the important elements in pursuing a stalking injunction in Florida is to show that the complained-of behavior does not serve a legitimate purpose. This means to show that the person accused of stalking has no reason to follow someone or otherwise contact them. This was an issue in the case Smith v. Horta, 3D24-139 (Fla. 3d DCA October 2, 2024).
