Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What a party knows or feels and what the party can prove are often at odds in a Florida family law case. This is why it is important to know the rules of evidence and to understand how to have documents, statements or other proof admitted at your trial. In the case Patin v. Davis, 1D18-5061 (Fla. 1st DCA February 18, 2020), an appeal was taken that centered around the sufficiency of the evidence produced at a domestic violence trial.
On the trial level, the petitioner sought an injunction against the respondent on allegations of stalking. During the hearing on the petition, the court reportedly reviewed cell phone videos offered by the petitioner, but those cell phone videos were not entered into evidence. The trial court’s order granting the injunction made it clear the entry of the injunction was based on review of the videos.
The appellate court reversed, holding that since the videos were not entered into evidence, there was a lack of substantial, competent evidence on the record to support entry of the injunction. Therefore, the case was remanded for the trial court to reverse its ruling. If you need assistance in seeking a Florida domestic violence injunction, contact a Miami family law attorney for a consultation.