Miami family law attorney blog
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Domestic Violence
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In a recent appellate case, the court overturned a permanent injunction entered against a father concerning his son. In the case De Hoyos v. Bauerfeind, 1D19-581 (Fla. 1st DCA December 16, 2019), the mother brought the case on behalf of the parties’ child who alleged the father hit the child in the face on the way to school.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Arguments between neighbors can become heated and uncomfortable since the source of tension is often someone you may have to see daily. When does an argument cross the line from “normal” to deserving of a Florida restraining order? In the case Adamczyk v. Herman, 4D19-870 (Fla. 4th DCA December 11, 2019), we see how the court treated a dispute involving a condominium association.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When two people cannot get along and one is committing acts perceived by the other to be threatening, is a Florida restraining order an option? It depends on the acts alleged to be committed and whether or not the alleged victim has a reasonable basis to fear that he or she is in danger of being the victim of continued acts of violence by the accused. The case Hegedus v. Willemin, 5D19-958 (Fla. 5th DCA November 8, 2019) explores what is NOT considered stalking under Florida law.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a person is determined to be legally incompetent in Florida, that person is afforded certain protections as it relates to lawsuits filed against the person. In the case Edwell v. Trainor, 5D19-1115 (Fla. 5th DCA October 11, 2019), a Florida domestic violence court’s order was challenged by a party deemed to be incompetent by a court.
osted by Nydia Streets of Streets Law in Florida Domestic Violence
When a relationship ends and one party is not ready to move on, there may be lingering communication from that party to the other in an attempt to reconcile. However, when the other party makes it clear the communication is unwanted, continued attempts to communicate may support a petition for injunction against dating violence in Florida. This was the case in Khan v. Deutschman, 1D18-822 (Fla. 1st DCA October 11, 2019).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In a second attempt to obtain a domestic violence injunction, a party was again instructed via an appellate opinion what constitutes stalking. The case Reid v. Saunders, 1D18-1562 (Fla. 1st DCA September 25, 2019) was before the court for a second time in two years based on an ongoing feud between two women.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In a twisted tale in which a former nanny was accused of stalking a family after she was fired from her job as the family’s nanny, a Florida appellate court considered the nanny’s appeal of a permanent injunction entered against her. In the case Auguste v. Aguado, 3D19-394 (Fla. 3d DCA September 25, 2019), the court examined how and if the allegations of stalking against the nanny were sufficient to support the entry of a permanent injunction.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A petition for injunction against dating violence is appropriate in Florida when a party fears he or she is in immediate danger of becoming the victim of an act of violence. The case Schultz v. Moore, 5D18-2774 (Fla. 5th DCA September 27, 2019) goes over what allegations are sufficient to support the entry of an injunction against dating violence.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In yet another case of feuding neighbors seeking injunctions against domestic violence, the matter of Caterino v. Torello, 2D18-1712 (Fla. 2d DCA June 26, 2019) lays out the standard for obtaining an order of protection against stalking. The parties in this case were neighbors involved in a somewhat bitter dispute regarding homeowners’ association issues.
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.
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).
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.
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.”
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).
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).
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).
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.
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).
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.
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.
