Posted by Nydia Streets of Streets Law in Florida Domestic Violence

How long does someone have after an incident of violence to file a petition for injunction against domestic violence in Florida? There is no “bright line” rule but there has to be a reasonable amount of time. It may be difficult, for example, for a party to prove he or she is in fear of becoming a victim of domestic violence again if his or her last contact or incident of violence with the abuser was several years prior. The amount of time it took for a petition to be filed after an alleged incident of violence was an issue in the case Dickson v. Curtis, 3D21-1086 (Fla. 3d DCA February 9, 2022).

This case involved a minor child whose mother filed a petition for protection against the child’s father. It was alleged that the father physically battered the child in front of other children and adults, and then put a gun to the child’s head and pulled the trigger. The child did not immediately tell his mother about the incident and the mother did not find out about it until 11 months later. Shortly thereafter, the mother filed a petition for injunction against domestic violence on behalf of the child, requesting that a civil restraining order be entered against the father on behalf of the child. After a hearing at which the court heard testimony from the child, mother, father, and witnesses present on the date of the alleged incident, the court entered an injunction for one-year requiring the father to have no contact with the child. The father appealed.

One argument the father advanced on appeal was that the alleged incident was too remote in time to support the entry of an injunction. The appellate court found that under the specific circumstances of this case, it was not. The court held “In the instant case, the Petition was filed eleven months after the incident of domestic violence occurred. [The minor child], who was a minor when the incident occurred, did not inform his mother, Ms. Curtis, that the Respondent placed a firearm to [the minor child’s ] head and pulled the trigger. [The minor child’s] delay in telling his mother was due to his concern as to how she would react. After [the minor child] told his mother about the firearm, [the mother] filed the Petition on behalf of [the minor child] three weeks later. Under the circumstances of this case, we conclude that the July 14, 2017 incident of domestic violence was not too remote in time to support the entry of the domestic violence injunction.”

If you need help with a domestic violence injunction case, schedule a consultation with a Miami family law attorney to understand how the law may apply to the facts of your case.