Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A party can seek a domestic violence restraining order on behalf of a minor child. The Florida domestic violence statutes are very specific as to the requirements that need to be met in order for an injunction to be entered. In J.A.F. v. A.J.R., 2D18-4764 (Fla. 2d DCA February 14, 2020), an appeal was taken regarding an order of injunction entered against a man on behalf of a minor child and that child’s father.
In this case, the parents of the minor child at issue were previously married. The former husband/father of the child filed a petition for protection against domestic violence on behalf of the child against the former wife’s/mother’s boyfriend. The former husband also sought an injunction on his own behalf against the boyfriend. The former husband alleged the boyfriend spanked the child, and that the boyfriend got into a confrontation with the former husband at a custody exchange. Based on these allegations, the trial court entered an order prohibiting the boyfriend from having contact with the child and the former husband.
The boyfriend appealed, and upon review of the proceedings below, the appellate court reversed, concluding there was a lack of competent, substantial evidence. First, as it relates to the child, the court considered that the boyfriend’s testimony was that he “tapped” the child on the bottom on two occasions when the child ran into a busy parking lot. This was done with the former wife’s approval, and the court found this was reasonable under the circumstances. As it relates to the alleged confrontation between the boyfriend and the former husband, the evidence showed that although there was an exchange of words and the boyfriend allegedly clenched his fist, this was not enough to support a claim of battery, assault or any type of violence that would be enough to warrant an injunction.
A Florida repeat violence injunction is a way to protect against future acts of violence. Schedule a consultation with a Florida domestic violence lawyer to understand your rights and remedies in a civil domestic violence case.