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 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
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).
