Posted by Nydia Streets of Streets Law in Florida Domestic Violence
To obtain an injunction for protection against sexual violence in Florida, the statutes require specific steps to be taken by the petitioner. Those steps include reporting the sexual violence to a law enforcement agency and cooperating in any criminal proceeding against the respondent, “regardless of whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the state attorney”. § 784.046(2)(c), Fla. Stat. This was an issue in the case Kuschnitzky v. Marasco, 1D2022-1751 (Fla. 1st DCA November 29, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence Injunctions
What is required to dissolve a Florida domestic violence injunction? According to a recent appellate case, “A party who seeks to dissolve a domestic violence injunction bears the burden of showing ‘that there has been a change in circumstances since the injunction was entered’ such ‘that the scenario underlying the injunction no longer exists so that the continuation of the injunction would serve no valid purpose.’” Larios v. Larios, 3D21-2127 (Fla. 3d DCA April 5, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can a victim of domestic violence ask a court to dissolve an injunction or civil restraining order in Florida? According to Florida law, either party may move to dissolve or modify an injunction at any time after an injunction has been entered. This was an issue in the case Green v. Bordiuk, 2D21-2592 (Fla. 2d DCA August 24, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How many times can a judge continue a Florida family law case? While judges have discretion to grant or deny requests to delay hearings, this discretion is not absolute. Sometimes too many continuances can affect a party’s due process rights - that is their right to a fair process. This was an issue in the case Sanchez v. Saenz, 3D21-819 (Fla. 3d DCA May 12, 2021) in which the final hearing was continued 8 times, resulting in an ex-parte temporary injunction being in place for over 520 days.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Mere uncivil behavior between separated parents is not enough to support a Florida domestic violence injunction, according to the case Quinones-Dones v. Mascola, 5D19-1421 (Fla. 5th DCA January 24, 2020). Although the mother in this case presented evidence of the father’s alleged domestic violence against her in the past, in conjunction with more recent acts by the father, the court determined this was not enough to meet the requirements of the issuance of an injunction.
