Miami family law attorney blog
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Domestic Violence
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
While a stalking injunction in Florida can prohibit a person from contacting or going near another person. it has its limits as far as the First Amendment is concerned. When a stalking injunction limits what a person can post about another person, this may infringe on the poster’s right to free speech. This was an issue in the case Budlove v. Johnson, et. al., 2D22-1549 (Fla, 2d DCA December 29, 2023).
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
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
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).
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
As it relates to stalking in Florida, section 784.048(1)(a) of the Florida Statutes defines the term "harass" as "to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose." What is considered substantial emotional distress? This was an issue in the case Potts v. Lewis, 2D22-1678 (Fla. 2d DCA October 25, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can a Florida stalking injunction be used to stop discourteous neighbors from taking action which disturbs other neighbors? Unless the action fits the statutory definition of stalking, a domestic violence injunction petition is not the way to address these matters. This was an issue in the case Brennan v. Syfrett, 1D22-1286 (Fla. 1st DCA August 2, 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
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
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 Injunctions
How many incidents of stalking must be proven to support a Florida stalking injunction? In the recent case of Klein v. Manville, 6D23-50 (Fla. 6th DCA April 6, 2023), the parties disagreed about the number and types of incidents that needed to be proven.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence Injunctions
What is required to dissolve a Florida domestic violence injunction? According to a recent appellate case, “A party who seeks to dissolve a domestic violence injunction bears the burden of showing ‘that there has been a change in circumstances since the injunction was entered’ such ‘that the scenario underlying the injunction no longer exists so that the continuation of the injunction would serve no valid purpose.’” Larios v. Larios, 3D21-2127 (Fla. 3d DCA April 5, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What happens if I do not appear at a domestic violence hearing in Florida? Depending on the circumstances, if the person who does not appear is the accused, he or she may have a domestic violence injunction entered against him or her. If the person who does not appear is the victim, the petition might be dismissed. There are circumstances, however, in which adverse action against the person who does not appear is improper. This was an issue in the case Spencer v. Kelner, 4D22-2276 (Fla. 4th DCA March 8, 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.”
