Posted by Nydia Streets of Streets Law in Domestic Violence

Domestic violence is not limited to spouses or romantic partners. This is likely why the Florida legislature saw it fit to provide for many types of domestic violence injunctions. The requirements for each type of injunction are specific. This was an issue in the case Werner v. Werner, 2D21-1998 (Fla. 2d DCA June 15, 2022).

The parties to this case were spouses. The wife alleged that when she informed her husband of her intention to divorce him, he became violent toward her. The alleged violence included the husband’s mother yelling at the wife; the husband texting the wife “all day long”, including texting that she was a bad person and threatening to come over the home (which he did not); that he had damaged property in their home; and that he owned guns. Based on these allegations, the trial court entered a domestic violence injunction against the husband. He appealed.

The appellate court reversed, holding “Contrary to the trial court's conclusion, however, the facts established at the hearing are insufficient as a matter of law to establish an objectively reasonable fear of imminent danger. [. . .] Although the Wife testified that at one point the Husband had kicked down a door and had punched a hole in a bathroom door, she testified that he had never physically hurt her or threatened to hurt her. Accordingly, the evidence did not support a conclusion that the Wife had an objectively reasonable fear that she was in danger of imminent violence.”

If you are wondering how your Florida domestic violence case may be decided, schedule a consultation with a Miami family law attorney to understand how the law may apply to your case.