Miami family law attorney blog
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Extend Florida Domestic Violence Injunction
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How important is it that a domestic violence injunction hearing be recorded? According to 741.30(6)(h), Florida Statutes (2023), “All proceedings under this subsection shall be recorded. Recording may be by electronic means as provided by the Rules of Judicial Administration.” This was an issue in the case Whalen v. Choquehuanca, 3D23-0518 (Fla. 3d June 26, 2024).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a Florida domestic violence injunction is entered, a court can restrict a party’s access to animals residing with the parties. According to the Florida Statutes, a court can award “to the petitioner the temporary exclusive care, possession, or control of an animal that is owned, possessed, harbored, kept, or held by the petitioner, the respondent, or a minor child residing in the residence or household of the petitioner or respondent. The court may order the respondent to temporarily have no contact with the animal and prohibit the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the animal. This subparagraph does not apply to an animal owned primarily for a bona fide agricultural purpose, as defined under s. 193.461.” Fla. Stat. 741.30(5)(a)4. This was an issue in the case Kollman v. Caudill, 2D22-3442 (Fla. 2d DCA December 27, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is needed to extend a Florida domestic violence injunction? Once an injunction is entered, it is set to expire by a certain date. Victims of domestic violence may be fearful that an injunction will expire, and thus may wish to postpone the expiration date. This was an issue in the case Kaye v. Wilson, 2D22-2009 (Fla. 2d DCA June 23, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How recent must allegations of domestic violence be in Florida to support an injunction? In order to obtain an injunction, one element that must be proven is that the victim has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence. If the last act of domestic violence occurred over a year ago for example, the victim may have trouble proving reasonable case to believe imminent danger. This was an issue in the case Woods v. Woods, 5D22-825 (Fla. 5th DCA February 24, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is needed to extend a Florida domestic violence injunction? The person asking for extension has to show an objectively reasonable fear that he or she will become the victim of imminent violence in the future. Extension of an injunction was an issue in the case Quinn v. Calkins, 4D22-1318 (Fla. 4th DCA February 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a Florida domestic violence injunction is entered, it is usually set to expire by a certain date. The victim can request that the court extend the expiration date if he or she can show another violent act has occurred, or he or she is in reasonable fear that another violent act will occur. This was an issue in the case Cardon v. Halmaghi, 1D20-2314 (Fla. 1st DCA October 19, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a long time has passed since the entry of a Florida domestic violence injunction was entered, a party may be able to ask to have it dissolved. The passage of time is not the only factor the court has to consider, however, in determining whether an injunction should be dissolved. This was an issue in the case Labrake v. Labrake, 1D21-456 (Fla. 1st DCA March 16, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What does a court consider when someone asks for a Florida domestic violence injunction to be dissolved? In order to dissolve an injunction based on changed circumstances, the person asking for this must “demonstrate that the scenario underlying the injunction no longer exists so that continuation of the injunction would serve no valid purpose.” Bak v. Bak, 4D20-1676 (Fla. 4th DCA January 19, 2022) (internal citation omitted).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Initially, when a petition for injunction against domestic violence is filed in Florida, a temporary injunction may be entered without a hearing. The temporary injunction is usually set to expire on or shortly after the date of a hearing set on the petition. If the hearing is postponed, the temporary injunction may be extended through the next hearing date. What happens if a hearing gets postponed several times? This was an issue in the case Marquez v. Rivera, 4D21-682 (Fla. 4th DCA June 23, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Extending a Florida domestic violence injunction requires that the petitioner show that new acts of violence have occurred and that he or she is in reasonable fear of becoming a victim of domestic violence again. What constitutes a new act and reasonable fear? This was discussed in the case Frost v. Wilson, 2D19-4635 (Fla. 2d DCA April 9, 2021).
