Reversing a Domestic Violence Injunction
Florida law provides for special protections for those who are the victims of domestic violence. Such injunctions are an important tool to protect individuals from harm or the threat of harm by a family member. However, injunctions can have a significant effect on another person’s personal liberties, residency rights, and especially custody issues. In this article, the Tampa, FL family law attorneys at Westchase Law, P.A., will review a case in which a domestic violence injunction was contested by the former husband.
Background of the case
In this case, the boyfriend appealed the trial court’s judgment that granted a domestic violence injunction to the girlfriend. Their relationship had ended, and the former girlfriend sought a domestic violence injunction, claiming that she had been the victim of physical violence over a year earlier and in another state. In addition, she also admitted that her primary motivation was to get her mail from the former boyfriend instead of fear for her own safety.
However, the trial court still awarded a permanent injunction to the former girlfriend for protection against domestic violence. The former boyfriend, who was displeased by the restrictions on his civil liberties, challenged the ruling.
The appeal
The appeal came next. The Fourth District Court of Appeal was tasked with determining whether the trial court erred in granting the former girlfriend a domestic violence injunction against her former partner. To do so, the court referred to the domestic violence statute (Section 741.30(6)(a) of the Florida Statutes). According to the statute, a trial court can grant the injunction if the individual petitioning shows that they have been the victim of domestic violence or that they reasonably believe that they are in imminent danger of being harmed. Their fear must be corroborated by evidence.
In this case, the appellate court found that the trial court erred in awarding a domestic violence injunction to the former girlfriend. While she did testify that she was the victim of domestic violence, she failed to present evidence that she was in imminent danger of being abused again at the time the injunction was entered. The petitioner wasn’t even sure where her former boyfriend was.
Since the elements of the statute were never satisfied, the appellate court concluded that the trial court made a mistake in granting the injunction to the petitioner. The court reversed the ruling and remanded it back to the trial court with instructions to vacate the injunction.
Key takeaways from the case
This case addresses several key issues involving Florida’s domestic violence injunction. These include:
- Timeliness and relevance – The injunction must be supported by current evidence indicating the petitioner is in imminent danger.
- Objective fear requirement – The petitioner must show evidence that supports their fear of injury. Just being afraid isn’t enough.
- Evidence is key – Without evidence, the courts will likely strike down an injunction or refuse to supply one.
Talk to a Tampa, FL, Domestic Violence Lawyer Today
Westchase Law, P.A., represents the interests of Tampa residents who are the victims of domestic violence. Call our Tampa family 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/117694188.html
