Miami family law attorney blog
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Miami domestic violence lawyer
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
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
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
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
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
Notice of hearings on domestic violence injunctions in Florida are usually given approximately one to two weeks prior to the hearing date. This leaves little time for parties to rearrange schedules as necessary to appear at a hearing. What happens if a hearing goes forward even though one party files a motion for continuance? This was an issue in the case McPherson v. Samuel, 4D2023-2613 (Fla. 4th DCA July 24, 2024).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
If a party urges another party to self-harm, does this entitle the victim to a domestic violence injunction in Florida? In a case in which a husband was accused of urging his wife to harm herself by placing weapons within her reach and suggesting that she use them on herself, this was an issue. The case is Thomas v. Li, 4D2023-1437 (Fla. 4th DCA July 17, 2024).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can old incidents support a Florida domestic violence injunction? If alleged incidents of violence are too remote in time, a Florida domestic violence injunction might not be entered. This was an issue in the case Padilla v. Pickett, 4D2023-0939 (Fla. 4th DCA May 15, 2024).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Obtaining a stalking injunction in Florida requires that the victim prove, among other factors, a consistent course of conduct aimed at the victim for no legitimate reason that causes substantial emotional distress. While certain interactions can be unpleasant, they may not be enough to sustain a stalking injunction. This was an issue in the case Paylan v. Staton, 2D21-3904 (Fla. 2d DCA December 27, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How much notice is sufficient for a domestic violence injunction hearing? Due process requires that each party be given fair and adequate notice to be heard before adverse action is taken against them. This was an issue in the case Garrison v. Williamson, 5D22-2695 (Fla. 5th DCA October 20, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can a domestic violence injunction be denied on the basis that a criminal case is pending and therefore the criminal court is in a better position to address the issues raised in the petition? The Florida Statutes mandate that a hearing must be held when a properly filed domestic violence petition is pending. This was an issue in the case Doe v. Days, 1D22-3652 (Fla. 1st DCA July 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
If a party does not agree with a trial court’s findings in a Florida domestic violence case, can that party appeal? It depends on what issues are raised in an appeal. The fact that a party simply disagrees with a court’s credibility findings may not be enough. This was an issue in the case Pipher v. Pipher, 6D23-374 (Fla. 6th DCA May 26, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In a domestic violence case, the court can consider a history of domestic violence in considering whether present allegations warrant the entry of an injunction. However, this is not without limits - a party defending against a domestic violence claim has to be put on notice via allegations contained in the petition that he or she will need to defend against specific claims. This was an issue in the case Blanco v. Santana, 6D23-305 (Fla. 6th DCA May 19, 2023).
