Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A petition for injunction against dating violence is appropriate in Florida when a party fears he or she is in immediate danger of becoming the victim of an act of violence. The case Schultz v. Moore, 5D18-2774 (Fla. 5th DCA September 27, 2019) goes over what allegations are sufficient to support the entry of an injunction against dating violence.
The parties were previously in a committed relationship. The girlfriend filed a petition for injunction against dating violence, alleging three previous incidents of violence on the part of her ex-boyfriend. She further alleged he knew where she lived and owned firearms. At a hearing on her petition, the girlfriend testified her ex-boyfriend sent her messages via his roommate. None of the messages threatened physical injury or violence. When asked if she was afraid of her ex-boyfriend, the petitioner/girlfriend simply stated “yes”. The trial court entered a permanent injunction against the ex-boyfriend and he appealed.
The appellate court reversed the injunction, holding “We agree with Appellant that the evidence adduced at the hearing was legally insufficient to support a determination that Appellee had a reasonable fear of imminent danger of another act of dating violence. The emails and messages admitted at the hearing were insufficient to support issuance of the injunction. Furthermore, there was no testimony or other evidence that Appellant threatened Appellee with physical injury or violence after the July 11, 2018 incident. Consequently, based on the specific facts of this case and the requirements of section 784.046(2)(b), we reverse.”
Requesting protection against violence is a serious matter which may need to be taken as the next step after calling the police in an emergency situation. Schedule a consultation with a Miami domestic violence lawyer to go over the steps you need to take to protect yourself or defend against a petition for injunction.