Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In a domestic violence case, the court can consider a history of domestic violence in considering whether present allegations warrant the entry of an injunction. However, this is not without limits - a party defending against a domestic violence claim has to be put on notice via allegations contained in the petition that he or she will need to defend against specific claims. This was an issue in the case Blanco v. Santana, 6D23-305 (Fla. 6th DCA May 19, 2023).
The petitioner in this case testified at a hearing on her petition for injunction against domestic violence about prior acts of violence committed by the respondent which were not included in her petition. The respondent objected and the court sustained the objections. However, the respondent failed to object to all of the petitioner’s testimony concerning prior acts. The respondent was offered a continuance to give him more time to prepare but he declined. An injunction was entered against the respondent and he appealed. The appellate court noted the trial court made it clear it based its entry of the injunction on the facts alleged in the petition. It therefore held the respondent failed to show the injunction was improperly entered.
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