Understanding Domestic Violence Injunctions in Florida
Under Florida’s statutes, a party is eligible to file a petition for an injunction of protection against domestic violence in the event they are harmed or facing a reasonable threat of imminent bodily harm. The consequences of an injunction are taken into consideration when deciding whether to award one. For this reason, a set of procedures must be followed before granting relief. A recent Florida decision in a contested domestic violence dispute illustrates just how Florida approaches the matter of domestic violence injunctions.
Background of the case
In this particular case, the petition filed by the wife requested an injunction for the protection of herself from domestic violence committed by her husband. She petitioned the court due to past actions taken by her husband who made her fear imminent violence. Under Florida law, the petition had to be evaluated by the court before it was filed for a hearing to occur.
However, instead of proceeding to an evidentiary hearing, the case was dismissed by the trial court. The trial court dismissed the case without making any findings of fact in regard to the wife’s allegations against her husband. Nor was there any explanation as to why the wife’s allegations failed to establish an entitlement to the injunction.
The trial court’s decision
The court’s actions rendered the wife’s appeal for relief moot. An injunction was never issued, nor did the court hold a full hearing in which the concerned individuals could have presented their claims via testimony and evidence. In the case of the wife, it meant she did not have an opportunity to state her case fully.
There were no restrictions placed on the husband, and no protective order was given.
The appeal
In this case, the wife appealed the dismissal of her case to the Fifth District Court of Appeal. By appealing the dismissal, it was not a matter of determining whether or not violence had occurred. The question was whether the trial court followed the appropriate procedure in dismissing the petition.
The appeals court made clear that proceedings involving injunction must comply with provisions related to due process. In instances where allegations made by petitioners present a viable foundation for showing reasonable fear of imminent violence, courts must examine the allegations with careful scrutiny, and generally, they should permit proceedings to move forward after scheduling a proper hearing.
In this case, the appeals court determined that the lower court was mistaken in its treatment of the case. This led to the reversal of the trial court’s decision, and a remand of the case back to the trial court for consideration.
Talk to a Largo, FL, Domestic Violence Attorney Today
Cairns Law, P.A., represents the interests of Largo residents who are being abused by their partners. Call our Largo domestic violence lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
Source:
caselaw.findlaw.com/court/fl-district-court-of-appeal/117749128.html
