Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How do issues of personal jurisdiction and subject matter jurisdiction affect a Florida domestic violence injunction? In the case Alobaid v. Kahn, 3D19-2128 (Fla. 3d DCA May 27, 2020), the husband appealed the entry of a permanent injunction on the basis that he did not live in Florida, and the child’s home state was not Florida, but Kuwait.
The parties married in 2011 after they met while studying at a university in Florida. The wife is a U.S. citizen and a resident of Florida, while the Husband is a resident and citizen of Kuwait. The parties’ child was born in January 2018 in Florida, but after his birth, the mother and child went to Kuwait for a period of time. In November 2018 the wife filed a petition for injunction against domestic violence in Florida alleging incidents of physical violence the husband committed against her in Kuwait and in Florida. The husband was served with the petition during his next visit to Florida, and in response he filed an un-sworn motion to dismiss alleging the court lacked personal jurisdiction over him. The court denied this motion and the case proceeded to a hearing on the wife’s petition. During the hearing, the wife testified to the incidents of violence, one of which was corroborated by her mother. The husband denied the allegations, but testified that he had been “rough” with the wife during the marriage. The trial court interpreted this to mean physically rough and entered a permanent injunction for a period of three years. The court further awarded the wife 100% time-sharing with the parties’ child and ordered supervised visits for the husband. The husband appealed.
The husband challenged the decision on personal jurisdiction, arguing that because he was a citizen of Kuwait and did not have enough contact with the state of Florida, he should not have been haled into court in Florida. The appellate court disagreed, noting the husband was voluntarily in Florida at the time of service and that there was an allegation that he committed a tort against the wife in Florida. Additionally, since he had attended school in Florida, the court found he had minimum contacts with the state.
Next, the appellate court found that there was competent, substantial evidence to support the court’s decision to enter the injunction. The court noted the wife’s testimony and the husband’s admission that he had been rough with her. The court held it was reasonable for the trial court to interpret this to mean physically rough.
Last, where the husband challenged the court’s subject matter jurisdiction over child custody matters, the appellate court held “Here, the parties do not dispute that the child was physically in Florida when [the wife] filed the underlying petition alleging domestic violence. Thus, regardless of whether Florida or Kuwait is deemed the child’s home state in the ongoing family proceedings, the domestic violence court properly invoked jurisdiction to enter a temporary time-sharing plan pursuant to section 61.517(1) [of the Florida Statutes].”
If you need help with a domestic violence injunction whether as a victim or the accused, contact a Miami family law attorney for assistance.