Posted by Nydia Streets of Streets Law in Florida Domestic Violence

Extending a Florida domestic violence injunction requires that the petitioner show that new acts of violence have occurred and that he or she is in reasonable fear of becoming a victim of domestic violence again. What constitutes a new act and reasonable fear? This was discussed in the case Frost v. Wilson, 2D19-4635 (Fla. 2d DCA April 9, 2021).

The victim sought a domestic violence injunction against her then-boyfriend after their relationship ended and the boyfriend went to her house uninvited, entered the home and left only after the police were called. He also repeatedly called, texted and emailed her. The victim also had a minor child and stated she feared for the child’s safety at that time. An injunction was entered for two years in favor of the victim. Two years later, the victim sought to extend the injunction for an additional five years until her child turned 17. She alleged the ex-boyfriend violated the prior injunction by joining the same online meetup group as her, as well as five other online groups to which she also belonged. She testified she believed the ex-boyfriend would kill her or harm her child.

The ex-boyfriend presented evidence that he had not contacted the victim since the entry of the original injunction, that he was in a new relationship, and that his daughter and his current girlfriend used his online account to join the groups of which the victim complained about. His daughter and girlfriend testified he did not know which groups they joined on his behalf nor who was in the groups. Although he was registered by his current girlfriend to attend the same event through these online groups as the victim, and the victim knew it, she went with her daughter anyway (the ex-boyfriend ended up not attending). Despite this, the trial court entered an order extending the injunction for five years and holding that the victim had reasonable fear. He appealed.

The appellate court reversed, noting “No evidence indicated that Mr. Frost made any additional comments to or about [the victim]. He did not attend the snorkeling event. Nothing suggested that [the ex-boyfriend] did anything regarding [the victim’s] child that would give [the victim] reasonable cause to believe her child was in danger. Particularly noteworthy, [the victim] attended the snorkeling event with her child, even knowing that [the ex-boyfriend] registered to attend. This belies the existence of any fear.”

The court went on: “We must address [the victim’s] allegation that [the ex-boyfriend] stalked her by joining other social groups. Stalking constitutes ‘violence’ under section 784.046(1)(a). [. . .] The trial court never made a finding that [the ex-boyfriend] stalked [the victim]. [The ex-boyfriend’s] daughter explained that she joined Travel Meetup Group on her father's behalf because she thought he would enjoy traveling. [The current girlfriend] testified that she registered for the snorkeling event because she wanted to go snorkeling with [the ex-boyfriend]. [The victim] recognized that the injunction did not prohibit [the ex-boyfriend] from joining the five other groups of which she was a member. Recall that [the ex-boyfriend] was a member of over fifty social groups. We cannot say that those memberships did not serve legitimate purposes. [. . .]. We also are compelled to note that [the ex-boyfriend’s] social group memberships and the single registration for a snorkeling event were not directed at [the victim] or her child. We cannot say that such conduct constitutes "harassment" under section 784.048(1)(a). [. . .] Indeed, the evidence did not show that [the ex-boyfriend] used the groups to contact, threaten, or engage in any conduct directed specifically at [the victim] or her child. And none of the evidence demonstrated that [the ex-boyfriend] communicated or caused to be communicated any ‘words, images, or language’ directed specifically at {the victim] or her child—which is required for his actions to constitute cyberstalking under section 784.048(1)(d).” (internal citations omitted).

If you need help extending or dissolving a Florida domestic violence injunction, contact a Miami family law attorney for assistance.