Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A domestic violence claim in Florida must be proven by competent, substantial evidence. A domestic violence injunction can be entered when a court finds a person has a reasonable apprehension that he or she is in imminent danger of becoming a victim of domestic violence. What is sufficient evidence? This was an issue in the case Chiscul v. Hernandez, 4D20-287 (Fla. 4th DCA February 10, 2021).
The parties to this case knew each other for only about six months and had married and separated within that time by the time the wife filed a petition for injunction against domestic violence against the husband. The wife alleged the husband would throw her against the wall if she refused sex; that he would shake her and yell at her and threaten to call police or immigration on her; that he would follow her when she left the house; and that when the wife left the husband, he called and texted her nonstop and followed her to an appointment and threatened her. The husband testified that the wife was the aggressor, that he had never touched her. He denied her allegations and alleged he had no contact with her since he left the marital residence two months before. The wife was unable to substantiate many of the claims made in her petition or changed her story at trial. Despite this, an injunction was entered against the husband and he appealed.
The appellate court reversed the injunction holding “In the present case, the wife's testimony largely described incidents that occurred before the parties' separation. Since their separation, the only contact between the parties was the wife's allegation that the husband followed her to a chiropractor's appointment once and left her a message informing her he was going forward with the divorce. These later acts were simply insufficient, as a matter of law, to establish a fear of imminent danger. Turning to the one possible act of violence, as previously pointed out, of particular importance is when or how frequently this occurred. The parties were separated several months before the permanent injunction was issued. Thus, the shaking incident could have occurred between two to six months prior to the filing of the petition. The wife's testimony of an isolated incident, absent additional evidence, was insufficient to warrant a permanent domestic violence injunction.”
Domestic violence is a serious matter that requires careful attention. Understanding how the law may apply to your case is important in moving forward in your case.