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 Family Law Procedure
A party to a Florida family law case that is appealed can request payment of costs by the opposing party when an appeal is taken. In the case McPherson v. Samuel, 4D2023-2613 (Fla. 4th DCA July 30, 2025), there was a dispute as to whether costs awarded by the court were proper in light of the fact that they were associated with the appeal of a domestic violence injunction which was reversed and remanded to put in place a temporary injunction pending a full hearing as to a permanent injunction.
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 Family Law Procedure
Should you hire a court reporter for your Florida family law hearing? In most cases, it is important to do so, because the court reporter prepares a transcript of what was said at the hearing. Without this transcript, you may not be able to appeal the court’s ruling. This was an issue in the case Lopez v. Fernandez, 3D25-486 (Fla. 3d DCA July 23, 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 Family Law Procedure
When a domestic violence injunction is entered against a party in Florida, and it is appealed, the appellate court evaluates the case under an abuse of discretion standard and determines whether the injunction is supported by competent, substantial evidence. This was an issue in the case Lau v. Gonzalez, 3D24-1491 (Fla. 3d DCA April 30, 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
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).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Appealing a Florida family law judgment requires more than just disliking the trial court’s decision - there has to be a legal basis for the appeal, such as the trial court failing to follow the law. As discussed in Zayon v. Valme, 3D23-1559 (Fla. 3d DCA September 18, 2024), an appellate court is reluctant to disturb a trial court’s ruling.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is an involuntary dismissal in a Florida family law case? This is what happens when the court dismisses a petition, rather than the party him or her self voluntarily dismissing or withdrawing the case. For example, a party can seek an involuntary dismissal by arguing to the court that the other party has not shown that he or she would ultimately prevail if there was a full trial. This was an issue in the case Schulmann v. Schulmann, 4D2023-1206 (Fla. 4th DCA September 4, 2024).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In Florida, “[t]o establish a showing of ‘stalking’ under the statutes, a petitioner must show evidence of ‘repeated acts’ of ‘following, harassment, or cyberstalking.’” Hoover v. Peak, 1D2023-2529 (Fla. 1st DCA August 7, 2024) (internal citations omitted). This recent appellate case analyzes a stalking injunction entered against a father who was attending his daughter’s school orientation.
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).
