Florida Appeals Court Reverses Domestic Violence Injunction

Domestic violence injunctions aim to ensure safety from actual dangers of violence or abuse. Nonetheless, the Florida court system obligates those who petition the court for an injunction to provide enough evidence to justify issuing the order. One example of this is the case we’re about to review.

Background of the case 

This is a case where the petitioning party requested that the court issue a final injunction for protection against domestic violence by the respondent. The two had been in a relationship in the past, and the petitioning party asserted that there were acts that instilled her with fear.

During the application, the petitioning party gave evidence regarding incidents of arguments and threats. From the evidence given, the trial court found a final injunction for protection against domestic violence in favor of the petitioner.

According to Section 741.30 of the Florida Statutes, a court of competent jurisdiction can make a domestic violence injunction if the petitioner proves that domestic violence exists or there was reason to believe that the petitioner would be subject to such acts in the future.

The respondent disputed the ruling on the grounds that the facts used did not fulfill the legal requirements of Florida.

The appeal

The former boyfriend appealed the injunction. The case was heard by the Florida Third District Court of Appeals. In the appeal, the court reviewed whether there was substantial evidence to support the issuance of the injunction.

In this case, the appeals court reversed the trial court’s injunction. According to the court, the allegations of the petitioner and their testimony did not show any actual or imminent domestic violence.

Under Florida law, evidence for the issuance of a domestic violence injunction should show actual domestic violence or a reasonable imminent fear of domestic violence. However, the court held that the fear expressed should be more than a general feeling of insecurity.

Furthermore, the court stated that a permanent injunction has serious legal and personal consequences for the defendant. A domestic violence injunction will limit one’s employment, firearm usage, and housing. Moreover, it could impact family law issues such as child custody and visitation. It means that strict statutory guidelines must be adhered to when issuing permanent injunctions, given the serious repercussions they entail.

In this regard, because no evidence indicated an objectively reasonable fear of imminent harm, the trial court’s decision was erroneous.

Key takeaways

This case illustrates the burden of proof in domestic violence cases.

Firstly, the case proves that to obtain an injunction, one needs to provide not mere allegations of conflict or uncomfortable behavior, but rather certain evidence indicating either a history of domestic violence or the likelihood of future violence.

Secondly, the case is an example of the appellate court’s function during the review of the proceeding for the issuance of an injunction, where, even despite the granting of an injunction by the trial court, the decision can be overturned on appeal in case there was insufficient evidence to support it legally.

Talk to a Clearwater, FL, Domestic Violence Attorney Today 

Cairns Law, P.A., represents the interests of those who are seeking a domestic violence injunction against a former or current partner. Call our Clearwater family lawyer today to schedule an appointment, and we can begin preparing your arguments right away.

Source:

case-law.vlex.com/vid/lopez-v-hall-no-888919347