Posted by Nydia Streets of Streets Law in Florida Domestic Violence

A petition for injunction against domestic violence in Florida must be supported by a petition that recites the allegations on which the petitioner relies to seek relief. This is so that the other party is on notice as to what he or she needs to defend against at the hearing. This issue arose in the case Stanlick v. Stanlick, 2D18-4938 (Fla. 2d DCA March 13, 2020).

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

When two people cannot get along and one is committing acts perceived by the other to be threatening, is a Florida restraining order an option? It depends on the acts alleged to be committed and whether or not the alleged victim has a reasonable basis to fear that he or she is in danger of being the victim of continued acts of violence by the accused. The case Hegedus v. Willemin, 5D19-958 (Fla. 5th DCA November 8, 2019) explores what is NOT considered stalking under Florida law.

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

In a tale about two warring neighbors, an issue arose in a Florida appellate case after a trial court granted an injunction restraining one of the neighbors from coming within 500 feet of the other neighbor. The problem, of course, was that this order restricted the neighbor from living in his own house since it was within the 500-foot parameter laid out by the court’s order.

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

An injunction or stay away order is valid for as long as a court order indicates. In some instances, the injunction can be indefinite which means the person ordered to stay away from a victim must do so forever or until an order is entered stating otherwise. A person against whom an injunction is entered carries around a record which can affect his or her chances for employment, among other inconveniences. An injunction can be set aside under certain circumstances.