Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In order to obtain an injunction against repeat violence in Florida, a petitioner must show at least two incidents of violence via competent, substantial evidence. How far apart in time the incidents must be was an issue in the case Yehezkel v. Aral, 3D18-939 (Fla. 3d DCA April 15, 2020).
This case involved two brothers and an alleged victim whose troubles reportedly started when the brothers sent a photo to the victim of the victim’s ex-girlfriend on the brothers’ boat. From there, threats were made by text message and in-person incidents escalated leading to an incident in which the victim reported that he was accosted by the brothers at his gym and had to flee through a backdoor to get away from them. Additionally, the victim asserted that a physical altercation with the brothers occurred inside a nightclub and then the same night, a fight happened outside the nightclub with them. Based on this the victim filed a petition for injunction against domestic violence, alleging repeat violence by the brothers.
At the hearing on the petition, the trial court found that witnesses called by the brothers were covering for them. The court therefore believed the testimony of the victim and entered an injunction in his favor. The brothers appealed, arguing there was insufficient evidence to support two separate incidents of violence. The appellate court rejected the brothers’ argument and upheld the injunction. Specifically, the court held “Generally, multiple acts stemming from a single violent incident do not qualify as ‘repeat violence’ under the statute if they are not separated by time or distance. [citation omitted] Rather, such acts constitute only ‘a single continuous incident of violence.’ By contrast, where the two acts are sufficiently separated by time or distance, they may constitute separate incidents of violence supporting an injunction for protection against repeat violence. [citation omitted] Thus, [the victim’s] testimony that the [brothers] attacked him both inside the club, and again outside in the courtyard some ten to sixty minutes later, was competent, substantial evidence to support the trial court's finding that the [brothers] committed two incidents of violence directed at [the victim] within six months of the filing of the petition.”
If you are involved in a domestic violence case, contact a Miami family lawyer to assist you with following the proper steps to support your side of the matter.