Posted by Nydia Streets of Streets Law in Florida Domestic Violence

Arguments between neighbors can become heated and uncomfortable since the source of tension is often someone you may have to see daily. When does an argument cross the line from “normal” to deserving of a Florida restraining order? In the case Adamczyk v. Herman, 4D19-870 (Fla. 4th DCA December 11, 2019), we see how the court treated a dispute involving a condominium association.

The evidence showed a confrontation arose between a member of the condominium association and the appellant regarding the parking of the appellant’s truck on the condominium property. There was an exchange of words and the appellant reportedly used profanity. Based on this incident, the condominium association member filed a petition for injunction against repeat violence against the appellant which was granted by a trial court.

On appeal, the court reversed the lower court’s ruling holding the aforementioned incident was not enough to support an injunction against repeat violence, first because only one incident was alleged rather than two distinct incidents as required. The appellate court also held the one incident alleged did not constitute violence - there was just an exchange of unpleasant language but no assault by the appellant.

Because Florida domestic violence injunctions can harm a person’s job prospects and reputation, it is important that it be entered properly. If you are involved on either side of an injunction case, contact a Florida domestic violence lawyer to go over your case. Schedule a consultation to learn more.