Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Jurisdiction over a Florida domestic violence case depends on where the parties reside and where the domestic violence occurred. Alleged violence could have occurred in another state, but if the alleged victim or the alleged abuser reside in Florida, a Florida court may still have jurisdiction over a domestic violence injunction case.
In Fay v. Carter, 5D22-1258 (Fla. 5th DCA December 2, 2022), the alleged victim filed in Florida a petition for injunction against domestic violence. At a hearing on the petition, the respondent made an oral motion to dismiss, stating Florida had no jurisdiction over the matter because the acts alleged in the petition occurred in Georgia. The trial court dismissed the petition and the alleged victim appealed.
The appellate court noted the Florida Statutes state “Notwithstanding any provision of chapter 47, a petition for an injunction for protection against domestic violence may be filed in the circuit where the petitioner currently or temporarily resides, where the respondent resides, or where the domestic violence occurred. There is no minimum requirement of residency to petition for an injunction for protection.” The court held “[The alleged victim’s] sworn petition alleged that she is a resident of Florida, which has not been challenged. No testimony was provided by or on behalf of [the respondent] at the hearing in support of his oral motion to dismiss. [The respondent] did not argue below that the trial court lacked personal jurisdiction over him. In light of the foregoing, we conclude that the trial court erred in dismissing the case for ‘lack of jurisdiction.’”
Schedule your meeting with a Miami family law attorney to understand how the law may apply to the specific facts of your case.