Miami family law attorney blog
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Domestic Violence
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A party’s acts toward another, no matter how annoying, inconsiderate or even violent, may not be enough to support the entry of a Florida stalking injunction. Entry of this type of injunction requires a showing of a course of conduct involving two separate incidents of stalking that evidence a continuity of purpose to harass. This was an issue in the case Stallings v. Bernard, 2D20-3141 (Fla. 2d DCA February 18, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A Florida dating violence injunction can be obtained when a victim of violence has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence. See Florida Statute Chp. 784.046(2)(b). What qualifies as “reasonable cause”? This was an issue in the case Santos v. Bartoletta, 2D20-3652 (Fla. 2d DCA February 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What evidence is admissible in a Florida domestic violence case? Whether or not evidence is admissible depends on a variety of factors, including the type of evidence and the ability to authenticate evidence. This was an issue in the case Payne v. Koch, 5D21-2420 (Fla. 5th DCA January 28, 2021) in which a domestic violence injunction was sought by a father individually and on behalf of his child against the child’s mother.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When examining whether or not stalking occurred in a Florida domestic violence case, a court looks at whether or not there is a pattern of harassment, among other factors. Does a person taking a job at the same place as an ex romantic partner establish a pattern of harassment? This was an issue in the case Ahern v. Leon, 4D21-539 (Fla. 4th DCA January 19, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What does a court consider when someone asks for a Florida domestic violence injunction to be dissolved? In order to dissolve an injunction based on changed circumstances, the person asking for this must “demonstrate that the scenario underlying the injunction no longer exists so that continuation of the injunction would serve no valid purpose.” Bak v. Bak, 4D20-1676 (Fla. 4th DCA January 19, 2022) (internal citation omitted).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What distinguishes unpleasant behavior from stalking? The distinction is important since a Florida domestic violence injunction cannot be entered based merely on unpleasant interactions with someone. To obtain a stalking injunction, a person must show in part that he or she is under emotional distress because of the actions of someone else. This was an issue in the case Hasan v. Rivera, 4D20-1598 (Fla. 4th DCA January 12, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
The subject of a Florida dating violence injunction may involve a break-up that goes wrong. When a dating relationship ends, the parties may behave in a way that gives rise to the filing of a domestic violence injunction petition. This was an issue in the case Bell v. Battaglia, 2D19-280 (Fla. 2d DCA January 12, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What qualifies as cyberstalking in Florida? According to the Florida Statutes, it is “To engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person . . . causing substantial emotional distress to that person and serving no legitimate purpose.” Fla. Stat. Chp. 784.048(1)(d). This was an issue in the case Strober v. Harris, 2D21-267 (Fla. 2d DCA January 5, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In order to obtain a stalking injunction in Florida, a party must prove two separate incidents of stalking. When the parties to a stalking injunction case are neighbors, an injunction could interfere with the accused’s right to enjoy and be present in his or her own home. This was an issue in the case Sutton v. Fowler, 4D20-1978 (Fla. 4th DCA December 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A Florida domestic violence injunction is available to a person who is the victim of abuse and is in reasonable fear that the abuse will continue. The incidents alleged cannot be too remote in time, and must put a reasonable person in fear of becoming a victim of domestic violence. An appeal of an injunction was an issue in the case McGuire v. Boscan, 3D20-1419 (Fla. 3d DCA December 1, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How recent must allegations of abuse be in order to support a Florida domestic violence injunction? Since a party must show he or she is in imminent danger of becoming a victim of violence, the acts alleged cannot be too remote in time, and depending on the type of injunction sought, one of the incidents must have occurred within 6 months of filing the petition. This was an issue in the case Files v. Hayes, 1D20-3652 (Fla. 1st DCA September 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A relationship filled with constant breaking up and getting back together may form the basis for a Florida stalking injunction. When one party is ready to make a break up permanent, the other party may not understand the repercussions of continuing with unwanted attempts to contact the party who has moved on. This was the case in the matter of Chiu v. Adams, 5D20-2502 (Fla. 5th DCA September 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a person spreads damaging information about a person to third parties, can this be enough to obtain an injunction against stalking in Florida? Generally, the person relaying the information to third parties can show he or she did so for a legitimate purpose and not simply for the purpose of harassing the alleged victim, this is not considered stalking. This was an issue in the case Ozyesilpinar v. Jalali, 3D19-2427 (Fla. 3d DCA August 18, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How do I dissolve a Florida domestic violence injunction? This is a question many have because an injunction affects many aspects of life such as the ability to possess firearms and to hold certain jobs. According to Florida law, “A party seeking to dissolve an injunction for protection entered against him has the burden to establish changed circumstances sufficient to “demonstrate that the scenario underlying the injunction no longer exists so that continuation of the injunction would serve no valid purpose.” Bradley v. Sylman, 5D21-649 (Fla. 5th DCA July 23, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A domestic violence injunction can be appealed, but what happens when the injunction expires while the appeal is pending? Usually, expiration of the injunction renders the appeal moot, which means since the injunction is no longer in effect, there is no issue to appeal anymore. This was a topic in the case Waite v. Chapman, 2D19-4680 (Fla. 2d DCA June 18, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a Florida domestic violence court enters an order regarding time-sharing, how does this affect any time-sharing orders entered separately in a family court? Generally the family court has priority in any decisions affecting the best interest of the children. This was an issue in the case Caddy v. Robinson, 4D20-894 (Fla. 4th DCA June 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a romantic relationship ends, the break-up may lead to unwanted communication or contact from a former partner. When this communication or contact crosses the line from harmless to distressing, a party might seek a domestic violence injunction, particularly related to stalking. This was an issue in the case Ditana v. Edwards, 4D20-1619 (Fla. 4th DCA June 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
The Florida Statutes authorize a person to seek an injunction against dating violence. In order to obtain such an injunction, the person must show with competent, substantial evidence that he or she is in imminent fear of another future act of violence. This was an issue in the case Whitfield v. Meeks, 1D20-2974 (Fla. 1st DCA July 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a party violates a temporary domestic violence injunction, can a permanent injunction be entered as a sanction? A temporary injunction is entered without a hearing. The permanent injunction is entered once a full hearing occurs. When parties are neighbors, enforcement of an injunction may be tricky. All of these issues were present in the case Peck v. Rosado, 5D20-2099 (Fla. 5th DCA June 25, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a temporary domestic violence injunction is entered in Florida, the order usually contains a provision obligating the party against whom the injunction is sought to surrender all firearms. Since a temporary injunction is entered without a hearing and without an opportunity for the accused to defend him or herself against the allegations, there is an argument that the seizure of a person’s property is unfair. This was an issue in the case Dean v. Bevis, 2D20-2348 (Fla. 2d DCA June 4, 2021).
