Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Mere uncivil behavior between separated parents is not enough to support a Florida domestic violence injunction, according to the case Quinones-Dones v. Mascola, 5D19-1421 (Fla. 5th DCA January 24, 2020). Although the mother in this case presented evidence of the father’s alleged domestic violence against her in the past, in conjunction with more recent acts by the father, the court determined this was not enough to meet the requirements of the issuance of an injunction.
The parties share one child and have been separated for several years. In support of her petition for injunction against domestic violence, three allegations came to light: (1) that the father began picking the child up for his timesharing at the mother’s residence (instead of the paternal grandmother picking up as before); (2) the paternal grandmother gave a cell phone to the parties’ child, and the mother disapproved (the mother also allegedly added an app which prevented the child from using the phone and reportedly refused to provide the father with the PIN for the app); and (3) the father sent 38 text messages to the mother stating “hello. hello. hello.” The mother testified that eight or nine years prior, the father committed domestic violence upon her, and she was in fear based on his recent “demanding” behavior that he would commit violence against her again. Based on this, the trial court entered an injunction against the father.
The father appealed, and the injunction was reversed. The appellate court reasoned that although prior acts of domestic violence are relevant, the acts alleged by the mother were too remote in time. Without recent additional acts of violence, those prior acts could not support an injunction. Further, the 38 text messages to the mother could not support an injunction since under Florida law, mere uncivil behavior or annoyance is insufficient.
Find out if a Florida domestic violence injunction is right for your situation. Schedule a consultation with a Miami domestic violence lawyer to understand your next best steps.