Miami family law attorney blog
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Miami domestic violence lawyer
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).
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
Can my neighbor install a camera that looks into my yard? Many people may feel uncomfortable when a camera placed on a neighbor’s property looks into their property. However, this may not be illegal and can continue so long as there is a legitimate purpose for doing so. This was an issue in the case Coons v. Henderson, 1D21-3675 (Fla. 1st DCA February 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How recent must allegations be to support the entry of a Florida domestic violence injunction? There does not seem to be a definite answer to this question, but Florida case law indicates incidents that occur a year or more before the petition is filed may be too remote in time to support the entry of an injunction.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Jurisdiction over a Florida domestic violence case depends on where the parties reside and where the domestic violence occurred. Alleged violence could have occurred in another state, but if the alleged victim or the alleged abuser reside in Florida, a Florida court may still have jurisdiction over a domestic violence injunction case.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A domestic violence injunction under Chapter 741.30 of the Florida Statutes may be sought by any family or household members. Parties do not need to be spouses in order for this type of injunction to be entered. According to the statute, the person seeking the injunction “who is either the victim of domestic violence" [. . .] or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, has standing in the circuit court to file a sworn petition for an injunction for protection against domestic violence.”
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
A Florida domestic violence injunction can be dissolved if the circumstances surrounding entry of the injunction have changed. Due process requires that a party who files a facially sufficient motion to dissolve an inunction be given a hearing before a decision is made on this motion. This was an issue in the case Brown v. Armstrong, 5D22-1125 (Fla. 5th DCA October 3, 2022).
