Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a Florida domestic violence injunction is entered, it is usually set to expire by a certain date. The victim can request that the court extend the expiration date if he or she can show another violent act has occurred, or he or she is in reasonable fear that another violent act will occur. This was an issue in the case Cardon v. Halmaghi, 1D20-2314 (Fla. 1st DCA October 19, 2022).
This case involved neighbors who had a history of negative interactions. This history culminated in one committing battery on the other which caused the court to enter an injunction against the offending neighbor. Since the parties were practically next-door-neighbors, the injunction allowed the offending neighbor egress and ingress from his home and permitted him to go to his mailbox.
As the date approached for expiration of the injunction the victim filed a motion seeking to extend the injunction, citing incidents in which the offending neighbor visited a nearby neighbor and pointed at the victim. The victim also testified at the hearing that he feared the offending neighbor, and relied heavily on his wife’s testimony about interactions with the neighbor. The trial court found the offending neighbor had violated the injunction by visiting a nearby neighbor’s home and sentenced him to a suspended jail sentence pending his further violation of the injunction. The court also ordered permanent extension of the injunction. The offending neighbor appealed.
The appellate court reversed, holding there was insufficient evidence to support extension of the injunction. The court held “Here, the Halmaghis stated that they feared Cardon, but Halmaghi failed to show circumstances that evinced an objectively reasonable fear of future violence. Halmaghi’s request to extend the injunction pointed to several actions by Cardon that allegedly violated the injunction. Assuming these actions violated the injunction, they still could not support an objectively reasonable fear of violence. The violations did not involve violence, nor did they convey a threat of violence.”
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