Miami family law attorney blog
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Domestic Violence
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.”
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a Florida domestic violence injunction is entered, it is usually set to expire by a certain date. The victim can request that the court extend the expiration date if he or she can show another violent act has occurred, or he or she is in reasonable fear that another violent act will occur. This was an issue in the case Cardon v. Halmaghi, 1D20-2314 (Fla. 1st DCA October 19, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A Florida domestic violence injunction can be dissolved if the circumstances surrounding entry of the injunction have changed. Due process requires that a party who files a facially sufficient motion to dissolve an inunction be given a hearing before a decision is made on this motion. This was an issue in the case Brown v. Armstrong, 5D22-1125 (Fla. 5th DCA October 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can a court award sole custody of children in a Florida stalking injunction case? There is a difference in relief that is available regarding child custody in domestic violence cases and stalking cases. This is explored in the case Rosaly v. Konecny, 4D21-3236 (Fla. 4th DCA August 31, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A Florida domestic violence injunction must be supported by appropriate allegations. Often, yelling at someone, although unpleasant, is not enough to support an injunction. “In determining whether a petitioner’s fear of domestic violence is objectively reasonable, trial courts ‘consider the current allegations, the behavior of the parties in the relationship, and the history of the relationship.’” Stevens v. Hudson, 1D21-3142 (Fla. 1st DCA August 31, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can a victim of domestic violence ask a court to dissolve an injunction or civil restraining order in Florida? According to Florida law, either party may move to dissolve or modify an injunction at any time after an injunction has been entered. This was an issue in the case Green v. Bordiuk, 2D21-2592 (Fla. 2d DCA August 24, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
If a Florida domestic violence petition is based on false allegations, can the accused who is defending the petition seek attorney’s fees? The answer depends on whether or not there is clear and convincing evidence that a party knowingly made false allegations in a petition. This was an issue in the case Cadavid, et, al. v. Saporta, 4D21-1717 (Fla. 4th DCA August 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can a police report be used in a Florida domestic violence case? Police reports may be considered hearsay, and therefore may not be admissible into evidence at a hearing. These reports are commonly at issue in a domestic violence case, however, and sometimes they can be helpful in understanding what is alleged to have happened. This was an issue in the case Devalon v. Sutton, 4D21-3257 (Fla. 4th DCA July 27, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is needed to obtain a stalking injunction in Florida? According to the Florida Statutes, section 784.048, “[a] person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking[.]” The word “repeatedly” indicates at least two incidents are required. This was an issue in the case Baruti v. Vingle, 5D21-2785 (Fla. 5th DCA July 15, 2022).
Posted by Nydia Streets of Streets Law in Domestic Violence
Domestic violence is not limited to spouses or romantic partners. This is likely why the Florida legislature saw it fit to provide for many types of domestic violence injunctions. The requirements for each type of injunction are specific. This was an issue in the case Werner v. Werner, 2D21-1998 (Fla. 2d DCA June 15, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is necessary to get an injunction entered against dating violence in Florida? According to the Florida Statutes, dating violence means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The dating relationship must have existed within the past six months, the nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties, and the frequency and type of interaction must have included that the persons have been involved over time and on a continuous basis during the course of the relationship. This type of injunction was at issue in the case Lentino v. McKinney, 5D21-2155 (Fla. 5th DCA June 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A Florida domestic violence case begins with the filing of a petition by the victim. The petition is important because it puts the court and opposing party on notice about what is alleged to have occurred. It supports a fair process so that no one is surprised by allegations at a hearing and has time and opportunity to build a defense. This was an issue in the case Brooks v. Basdeo, 5D21-2280 (Fla. 5th DCA April 1, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is considered stalking under Florida law? In the realm of a civil domestic violence injunction, stalking is defined as willful malicious and repeated following, harassing or cyberstalking of another person. To qualify for a stalking injunction, the alleged conduct must cause substantial emotional distress and serve no legitimate purpose. A stalking injunction was at issue in the case Garcia v. Soto, 4D21-661 (Fla. 4th DCA April 20, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How many times can a party file a Florida domestic violence injunction? If the filing is based on the same incident(s), more than one filing may not be allowed depending on the outcome of the first filing. This was an issue in the case Klement v. Kofsman, 4D21-1867 (Fla. 4th DCA March 30, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In order to obtain an injunction for protection against sexual violence in Florida, a petitioner must prove: “(1) that the petitioner is the victim of sexual violence, (2) that the sexual violence was reported to law enforcement, and (3) that the petitioner 'is 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. (2020).” See Rollins v. Rollins, 5D21-2301 (Fla. 5th DCA March 18, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a long time has passed since the entry of a Florida domestic violence injunction was entered, a party may be able to ask to have it dissolved. The passage of time is not the only factor the court has to consider, however, in determining whether an injunction should be dissolved. This was an issue in the case Labrake v. Labrake, 1D21-456 (Fla. 1st DCA March 16, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Who has standing to request a domestic violence injunction in Florida? According to the Florida Statutes, this type of injunction may be sought by “family or household members”, which are defined as “spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.” See Chp. 741, Fla. Stat. Standing was an issue in the case Alcon v. Collins, 1D20-2265 (Fla. 1st DCA March 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How long does someone have after an incident of violence to file a petition for injunction against domestic violence in Florida? There is no “bright line” rule but there has to be a reasonable amount of time. It may be difficult, for example, for a party to prove he or she is in fear of becoming a victim of domestic violence again if his or her last contact or incident of violence with the abuser was several years prior. The amount of time it took for a petition to be filed after an alleged incident of violence was an issue in the case Dickson v. Curtis, 3D21-1086 (Fla. 3d DCA February 9, 2022).
