When Evidence Falls Short: What Adams v. Cox Teaches About Dating Violence Injunctions in Florida

Domestic violence and dating violence injunctions are some of the most powerful protections available under Florida law. When granted, they can immediately restrict contact, limit communication, change living arrangements, and in some cases, affect parental rights. Due to their importance, courts must handle these cases carefully, giving both sides a fair chance to be heard. A recent Florida appellate case, Adams v. Cox highlights what can happen when a court grants an injunction without sufficient evidence or without allowing the accused individual a meaningful opportunity to defend themselves.

In Adams v. Cox, the trial court granted a final injunction for protection against dating violence. The petitioner alleged past incidents and expressed fear going forward. However, during the hearing, the trial court limited the respondent’s ability to present evidence and challenge the claims. The respondent thus appealed the ruling.

On appeal, the appellate court reversed the ruling.

Why the injunction was reversed

Florida law requires more than just fear, discomfort, or past arguments for a court to issue a dating violence injunction. The petitioner must show:

• A prior act of violence or stalking, and
• A reasonable fear of imminent danger of future violence

In Adams v. Cox, the appellate court concluded that the evidence presented did not support a finding of imminent danger. While there were allegations of previous conflict, the record did not show any recent or ongoing threat that would justify the need for court-ordered protection.

Just as importantly, the court found due process concerns. The respondent was not given a full and fair opportunity to:

• Present evidence
• Testify fully
• Cross-examine the petitioner
• Offer witnesses or documentation

Injunction hearings can move quickly, sometimes within days of filing. But speed cannot come at the expense of fairness.

The core lesson: Courts must follow the evidence 

Domestic and dating violence injunctions carry serious consequences and limit your constitutionally protected rights. They can restrict where a person can go, limit communication, and appear on background checks. These create long-term implications in divorce, custody, and employment matters. Because of this, courts must rely on competent and substantial evidence, not assumptions or emotional reactions.

Talk to a Tampa, FL, Family Law Attorney Today 

Westchase Law, P.A., represents the interests of Tampa residents who have experienced domestic violence in their households. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

supremecourt.flcourts.gov/content/download/2451357/opinion/Opinion_2023-1821.pdf