Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a party fears for his or her safety based on acts of violence by another, the party may be able to seek a Florida domestic violence injunction. To support the injunction, generally recent acts of qualified violence must be alleged along with an imminent fear of becoming a victim of domestic violence again. In the case Yaklin v. Yaklin, 2D19-1572 (Fla. 2d DCA May 8, 2020), the court considered the appeal of a former husband regarding an injunction entered against him for allegations of past violence against his former wife.
In her petition for injunction, the former wife stated the former husband had been physically and emotionally abusive toward her during their marriage. The parties had been divorced for two years by the time the petition was filed, and while she admitted there were no recent acts of violence against her, the former wife testified that she arrived at the former husband’s house to find his current girlfriend with a black eye while the former husband was being arrested by the police. Based on this, the former wife testified she was in imminent fear of becoming a victim of domestic violence. The court entered an injunction in her favor.
On appeal, the appellate court reversed, holding there was not sufficient, competent and substantial evidence to support the injunction. Admittedly, the former wife testified that the incident involving the former husband’s current girlfriend had nothing to do with the former wife and no violence was committed against the former wife in that situation. The court also held that two years had rendered any past abuse too remote in time to support the injunction. Additionally, the court took issue with the former wife’s “unsubstantiated” allegations of abuse.
A petition for injunction against domestic violence is available to those needing protection from abuse. After your safety measures are in place, contact a Miami domestic violence lawyer to go over your options.