Posted by Nydia Streets of Streets Law in Florida Domestic Violence
If a party does not agree with a trial court’s findings in a Florida domestic violence case, can that party appeal? It depends on what issues are raised in an appeal. The fact that a party simply disagrees with a court’s credibility findings may not be enough. This was an issue in the case Pipher v. Pipher, 6D23-374 (Fla. 6th DCA May 26, 2023).
The former wife filed a petition for injunction against domestic violence. At the trial, testimony from the parties and a witness established the former husband’s version of events - after the former wife removed money from a joint account, the former husband changed the locks on the home. When the former wife attempted to enter the home, a physical fight ensued in which the former husband contended the former wife was the aggressor. The former wife’s version of events was that the former husband pushed her against a wall while holding her throat and threatening to kill her. The trial court ultimately believed the former wife’s testimony and entered an injunction against the former husband. He appealed.
The appellate court affirmed, holding “As in all cases such as this, the trial court was required to determine the credibility of the witnesses. It did so and found the facts adverse to [the former husband]. It is not the role of this Court to second-guess that decision. See Lahodik v. Lahodik, 969 So. 2d 533, 535 (Fla. 1st DCA 2007) (‘It is well-established that the appellate court does not re-weigh the evidence or the credibility of witnesses.’); see also Jeffries v. Jeffries, 133 So. 3d 1243, 1244 (Fla. 1st DCA 2014) (‘It was the responsibility of the trial court to determine the credibility of the witnesses and to resolve the conflicts in the evidence.’).
Scheduled your consultation with a Miami family law attorney to understand how the law may apply to the facts of your case.