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Domestic Violence

Standard for obtaining dating violence injunction in Florida

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

What is needed to obtain an injunction against dating violence in Florida? According to the Florida Statutes, “Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or any person who has reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of dating violence . . . has standing in the circuit court to file a sworn petition for an injunction for protection against dating violence.” 784.046(2)(b), Florida Statutes. The case Stefano v. Long, 2D18-3180 (Fla. 2d DCA August 9, 2019) illustrates how this statute is applied to the specific facts of a case.

Unrebutted evidence in a Florida domestic violence case can support an injunction

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

Florida domestic violence hearings present an opportunity for an alleged victim and and alleged abuser to present their respective proof to the court supporting their respective positions. When competent, substantial evidence is unrebutted, a court is within its authority to enter the injunction based on those allegations, as held in the case Taylor v. Price, 4D18-2835 (Fla. 4th DCA May 22, 2019).

Court defines "dating relationship" in Florida domestic violence case

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

After their relationship soured, the parties in the case Sumners v. Thompson, 1D18-3637 (Fla. 1st DCA May 13, 2019) went their separate ways but not before the alleged victim filed a petition for injunction against dating violence against the alleged abuser. The petitioner alleged she was repeatedly text messaged, called and sent messages on social media by her ex-paramour, in addition to him showing up at her house uninvited.

Florida domestic violence: Co-worker's alleged "weird" behavior not enough to support stalking injunction

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

A co-worker’s alleged inappropriate behavior toward another co-worker was not enough to sustain an injunction against stalking, according to the case Klenk v. Ransom, 1D18-2774 (Fla. 1st DCA May 13, 2019). As the court held, “Although behavior such as that alleged here can be valid grounds for employment action, it does not rise to the level of conduct justifying a stalking injunction.”

Florida injunctions cannot be used to resolve feuds between neighbors

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

A party who is in reasonable and genuine fear for his or her safety has the option to obtain a civil restraining order in Florida known as a domestic violence injunction. However, this order cannot be used to compel neighbors to be nice to each other as we see in the case Stone v. McMillian, 1D17-5332 (Fla. 1st DCA May 2, 2019).

Injunction on behalf of child reversed for lack of competent, substantial evidence

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

A petition for protection against domestic violence can be filed on behalf of a minor child who is the victim of abuse. When filing such a petition it is important to follow rules regarding the submission of evidence to the court to avoid the loss of important protection for a child. We see this play out in the case Hussey v. Lara, ex. rel., 3D18-259 (Fla. 3d DCA April 10, 2019).

Dissolving a domestic violence injunction

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

What does it take to dissolve an injunction in Florida? Essentially, the movant must show there has been a change in circumstances such that the underlying situation which gave rise to the injunction no longer exists. We see this concept analyzed in the case Trice v. Trice, 2D17-3673 (Fla. 2d DCA March 20, 2019).

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Florida domestic violence injunction based on access to shared account

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

Can a stalking injunction be entered based on a spouse’s access to vehicle safety systems such as OnStar? In one recent appellate case, a former husband appealed the entry of an injunction against him where he was accused of following his former wife’s whereabouts via the OnStar system installed in a vehicle purchased during the parties’ marriage.

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Florida domestic violence injunction cannot be used to compel civility

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

Injunctions for protection against domestic violence in Florida are civil restraining orders that are entered if evidence of certain acts have been established. In the case of an injunction against repeat violence, the Florida Statutes define repeat violence as two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member (Fla. Stat. 784.046).

Florida injunction cannot be broader than necessary to protect the injured party

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

In a tale about two warring neighbors, an issue arose in a Florida appellate case after a trial court granted an injunction restraining one of the neighbors from coming within 500 feet of the other neighbor. The problem, of course, was that this order restricted the neighbor from living in his own house since it was within the 500-foot parameter laid out by the court’s order.

Personal jurisdiction required in civil domestic violence cases

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

When domestic violence threatens a person’s safety, in addition to calling the police, a person has the option of filing a petition for injunction against domestic violence in Florida. The person accused of domestic violence, however, is still entitled to what is known as due process. This basically refers to the person’s right to be sued under “fair” circumstances.

Pleading the Fifth in Florida domestic violence injunction cases

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

When a party seeks a civil restraining order in Florida, also known as an injunction, there might also be concurrent criminal proceedings arising from the same alleged incident of violence. In this case, the accused might be concerned that being forced to testify in the civil case will jeopardize his or her Fifth Amendment right against self-incrimination in the pending criminal case. Such was the issue on appeal in the case Speegle v. Rhoden, 236 So.3d 498 (Fla. 1st DCA 2018).

Fees for frivolous litigation allowed in civil injunction proceedings

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

Last year, the Florida Supreme Court was tasked with resolving a conflict between Florida appellate courts regarding the applicability of a motion for attorneys’ fees to a proceeding for an injunction against dating, repeat and sexual violence. Ultimately, in the case Lopez v. Hall, 233 So.3d 451 (Fla. 2018), the Court ruled “57.105” motions as they are known, are permissible in such proceedings.

Standard for dissolving an injunction against domestic violence

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

An injunction or stay away order is valid for as long as a court order indicates. In some instances, the injunction can be indefinite which means the person ordered to stay away from a victim must do so forever or until an order is entered stating otherwise. A person against whom an injunction is entered carries around a record which can affect his or her chances for employment, among other inconveniences. An injunction can be set aside under certain circumstances.

What is needed for a restraining order against stalking in Florida

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

One form of domestic violence is stalking, which is statutorily defined as “willfully, maliciously, and repeatedly" following, harassing, or cyberstalking another person.” Pickett v. Copeland, 236 So.3d 1142 (Fla. 1st DCA, 2018). In this case, the accused stalker appealed a court’s entry of an injunction against him on the basis that the accuser did not meet her burden of proving that she was stalked.

Appealing an expired injunction against domestic violence in Florida

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

The goal of a civil restraining order in Florida is to protect a victim of domestic violence from future abuse, threats and harassment. Beyond prohibiting the abuser from contacting the victim, these orders can have negative affects on the abuser's job prospects and can generally cause inconvenience. This is why in one recent appellate case, the court reversed a wrongfully-entered restraining order even though it had already expired by the time the appeal was decided. 

Obtaining a restraining order against a stalker in Florida

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

What do you need to get a restraining order against someone for stalking in Florida? For one, it is necessary to show a repeated pattern of following, harassing or cyber stalking another person. In Kriebel v. Piedrahita, 219 So.3d 867 (Fla. 4th DCA 2017) we see how a love triangle led to a restraining order being entered against the wife by the mistress. 

What is needed to dissolve a Florida injunction against domestic violence

Posted by Nydia Streets of Streets Law in Domestic Violence, 

After a Florida restraining order or injunction against domestic violence is entered, the party against whom the injunction has been entered usually wonders when and if it can be dissolved. There are certain circumstances under which an injunction can be dissolved as explored in the appellate case Noe v. Noe, 217 So.3d 196 (Fla. 1st DCA 2017). 

Past domestic violence as a basis for a Florida restraining order

Posted by Nydia Streets of Streets Law in Domestic Violence

A person who reasonably fears he or she is in imminent danger of becoming a victim of domestic violence can request that an injunction or stay away order be entered against the aggressor. How does this standard play out in real cases? As is seen in Zapiola v. Kordecki, 210 So.3d 249 (Fla. 2d DCA 2017), the court must scrutinize the timing of the alleged incidents, and the reasonableness of the fear alleged.