Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is needed to extend a Florida domestic violence injunction? The person asking for extension has to show an objectively reasonable fear that he or she will become the victim of imminent violence in the future. Extension of an injunction was an issue in the case Quinn v. Calkins, 4D22-1318 (Fla. 4th DCA February 15, 2023).
The petitioner obtained a one-year dating violence injunction against the respondent. Shortly before that injunction expired, the petitioner filed a petition to extend the injunction. At the hearing, the petitioner testified she was afraid of what may happen to her since the respondent lost his job as a result of the original injunction. The court instructed that it could not consider hearsay evidence, and that if the petitioner should not “rehash every detail if her allegations were in the motion to extend the injunction.” The petitioner confirmed the allegations were in the motion and the court entered an order extending the injunction. The respondent appealed.
The appellate court reversed, holding “We reverse for two reasons. First, Calkins failed to introduce evidence supporting her allegations at the hearing. Mantell v. Rocke, 179 So. 3d 511, 512 (Fla. 1st DCA 2015) (‘Because no evidence or testimony was introduced by Appellee . . . in support of her petition for an injunction, we are constrained to reverse.’). Second, and related, Calkins’ limited testimony did not demonstrate an objectively reasonable fear of imminent dating violence in the future. Alderman v. Thomas, 141 So. 3d 668, 669– 71 (Fla. 2d DCA 2014).”
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