Posted by Nydia Streets of Streets Law in Florida Domestic Violence

How important is it that a domestic violence injunction hearing be recorded? According to 741.30(6)(h), Florida Statutes (2023), “All proceedings under this subsection shall be recorded. Recording may be by electronic means as provided by the Rules of Judicial Administration.” This was an issue in the case Whalen v. Choquehuanca, 3D23-0518 (Fla. 3d June 26, 2024).

According to the appellate opinion, technical issues impeded the full recording of the hearing on a petition for injunction against domestic violence with minor children. Accordingly, the court ruled “Crucially, the un-recorded portion includes testimony from appellee, [. . .], who sought the injunction below. Thus, the record on appeal impedes this court from conducting appellate review of the trial court’s conclusion that appellee had objectively reasonable cause to believe she was in imminent danger of becoming the victim of domestic violence under section 741.30(6)(b). [internal citation omitted]. This ruling does not preclude appellee from filing another petition for injunction for protection against domestic violence if warranted. Reversed and remanded with directions to vacate the injunction.”

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