When Does Fear Justify a Domestic Violence Injunction in Florida?
Domestic violence injunctions are very potent legal devices that serve to protect people from physical abuse or threats thereof. It is important to realize, however, that the courts in Florida are not ready to grant a permanent injunction simply because there is tension between the couple, or even some form of emotional abuse. In this article, we’ll discuss a case in which the Florida courts were tasked with deciding whether to award one party a domestic violence injunction.
Background of the case
In the aforementioned case, the wife filed for a domestic violence injunction against her husband in relation to their marital conflict. The wife claimed that her husband had behaved in a threatening manner and that she believed there would be further instances of domestic violence.
The evidence submitted in court entailed verbal arguments between the couple and conduct by the husband that intimidated the wife. It is important to note that there were no claims of physical abuse by the wife. In essence, the question before the court was whether there was a reasonable belief by the wife that she could become a victim of domestic violence in the future.
According to the Florida Statutes, one must be able to prove that they have already been victims of domestic violence or that they have reasonable cause to believe they will become victims in the future.
In this case, the trial court sided with the wife and granted her injunction. The husband appealed.
The appeal
In this case the husband appealed the lower court’s order for an injunction against him. On appeal, the Fourth District Court of Appeal evaluated the issue of whether the evidence supported a domestic violence injunction.
The appellate court ultimately ruled to reverse the injunction. The court clarified that although it was obvious from the evidence that the parties had a troubled marriage, there was no substantial evidence showing that there was reasonable cause to fear imminent domestic violence by the husband. Importantly, the court stated that a mere subjective fear was not adequate; rather, such fear needed to be objectively reasonable based on concrete facts.
According to the appellate court, it would not be right to use a domestic violence injunction as a means to punish the husband just because his relationship with his former wife was hostile. The evidence showed neither any history of domestic violence nor any objectively reasonable fear of imminent violence. Thus, the appellate court held that the trial court committed a reversible error in granting the injunction.
Talk to a Largo, FL, Domestic Violence Attorney Today
Cairns Law, P.A., represents the interests of those who have been the victims or believe they will be the victims of domestic violence. Call our Largo family lawyers today to schedule an appointment, and we can begin preparing your injunction right away.
Source:
case-law.vlex.com/vid/giallanza-v-giallanza-no-892386845
