Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A Florida dating violence injunction can be obtained when a victim of violence has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence. See Florida Statute Chp. 784.046(2)(b). What qualifies as “reasonable cause”? This was an issue in the case Santos v. Bartoletta, 2D20-3652 (Fla. 2d DCA February 2, 2022).
Four days after an alleged incident of violence, the alleged victim filed her petition for injunction against dating violence. She alleged that her romantic partner attacked and choked her, and before she could escape, he yelled “Holy [expletive}, you’re good!”. She testified that he was never violent toward her before this incident. After a temporary injunction was entered, she acknowledged that he had not tried to contact her during this time even though he knew her home and work addresses, her telephone number and her social media accounts. The trial court entered an injunction against the accused and he appealed.
The appellate court noted at the outset "When considering whether a petitioner has such reasonable cause, 'the trial court must consider the current allegations, the parties' behavior within the relationship, and the history of the relationship as a whole.' " (internal citations omitted). The court reversed the trial court’s entry of the injunction, holding “Here, the record supports the trial court's conclusion that [the alleged victim] was the victim of one instance of dating violence. But the record lacks competent, substantial evidence to support the finding that [the alleged victim] had reasonable cause to believe she was in imminent danger of another act of physical violence. [The alleged victim] acknowledged that [the accused] has not attempted to contact her, and the incident that occurred on October 9, 2020, appears to be isolated. Before the night of the incident, [the accused] had never been physically violent, and he had never previously threatened her. Although the trial court indicated that [the alleged victim’s] testimony was dependable and detail-oriented, this one instance of dating violence alone is insufficient to obtain an injunction for protection against dating violence. See Brungart, 296 So. 3d at 976; see also Alderman, 141 So. 3d at 669 ("It is not sufficient to have been the victim of one incident of dating violence in the past.").”
If you want analysis on how the law may apply to the facts of your case, schedule a consultation with a Miami family law attorney.