Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How recent must allegations of abuse be in order to support a Florida domestic violence injunction? Since a party must show he or she is in imminent danger of becoming a victim of violence, the acts alleged cannot be too remote in time, and depending on the type of injunction sought, one of the incidents must have occurred within 6 months of filing the petition. This was an issue in the case Files v. Hayes, 1D20-3652 (Fla. 1st DCA September 22, 2021).
The parties had one child in common. The mother filed a petition for injunction against domestic violence alleging acts of violence committed by the father. The acts of violence were alleged to have occurred three years prior to the date of filing. The injunction was entered against the father, and he appealed. The appellate court reversed, holding “Because there was no evidence of any threats within the prior three years and the allegations of violence are remote in time from the filing of the petition, it was error to enter the injunction.”
A domestic violence injunction is a serious matter which requires special attention. Contact a Miami family law attorney for assistance with your case.