Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Sometimes judges find themselves embroiled in the Florida family law courts as litigants. Such was the case in Hart v. Griffis, 1D19-919 (Fla. 1st DCA January 15, 2020) in which a sitting judge sought an injunction for protection against domestic violence directed at his former wife.
A dispute arose between the parties as to the enrollment of the parties’ children in school. In the summer of 2018, the parties reportedly agreed the children would attend school in a certain school district. However, the former wife later objected to this, and the court ultimately ordered the children to remain in school in the agreed-upon school district. The former wife contacted the court administrator and the State Attorney to report the former husband’s conduct as it related to enrolling the children in school. She alleged the children were not legally enrolled in the proper school district.
The former husband sought an injunction against the former wife, alleging stalking based on her aforementioned contact with the court administrator and State Attorney. He further made allegations of abuse by the former wife which occurred years before the petition was filed. Based on this, the trial court entered an injunction in the former husband’s favor. The former wife appealed and the injunction was reversed on grounds that the abuse alleged were too remote in time to support an injunction. The court further held that while it did not condone the former wife’s contact with the court administrator and the State Attorney (which caused the former husband anxiety about losing his job), this was not enough to support an injunction since she contacted these authorities for a legitimate report about a public servant.
Florida domestic violence injunctions require specific findings to be upheld. If you are involved in a similar case, contact a Miami domestic violence lawyer to go over your rights and remedies.