Miami family law attorney blog
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Domestic Violence
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What does it take to dissolve an injunction in Florida? Essentially, the movant must show there has been a change in circumstances such that the underlying situation which gave rise to the injunction no longer exists. We see this concept analyzed in the case Trice v. Trice, 2D17-3673 (Fla. 2d DCA March 20, 2019).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can a stalking injunction be entered based on a spouse’s access to vehicle safety systems such as OnStar? In one recent appellate case, a former husband appealed the entry of an injunction against him where he was accused of following his former wife’s whereabouts via the OnStar system installed in a vehicle purchased during the parties’ marriage.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Injunctions for protection against domestic violence in Florida are civil restraining orders that are entered if evidence of certain acts have been established. In the case of an injunction against repeat violence, the Florida Statutes define repeat violence as two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member (Fla. Stat. 784.046).
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
When domestic violence threatens a person’s safety, in addition to calling the police, a person has the option of filing a petition for injunction against domestic violence in Florida. The person accused of domestic violence, however, is still entitled to what is known as due process. This basically refers to the person’s right to be sued under “fair” circumstances.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a party seeks a civil restraining order in Florida, also known as an injunction, there might also be concurrent criminal proceedings arising from the same alleged incident of violence. In this case, the accused might be concerned that being forced to testify in the civil case will jeopardize his or her Fifth Amendment right against self-incrimination in the pending criminal case. Such was the issue on appeal in the case Speegle v. Rhoden, 236 So.3d 498 (Fla. 1st DCA 2018).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Last year, the Florida Supreme Court was tasked with resolving a conflict between Florida appellate courts regarding the applicability of a motion for attorneys’ fees to a proceeding for an injunction against dating, repeat and sexual violence. Ultimately, in the case Lopez v. Hall, 233 So.3d 451 (Fla. 2018), the Court ruled “57.105” motions as they are known, are permissible in such proceedings.
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.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
One form of domestic violence is stalking, which is statutorily defined as “willfully, maliciously, and repeatedly" following, harassing, or cyberstalking another person.” Pickett v. Copeland, 236 So.3d 1142 (Fla. 1st DCA, 2018). In this case, the accused stalker appealed a court’s entry of an injunction against him on the basis that the accuser did not meet her burden of proving that she was stalked.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Child support and timesharing issues can be considered in Florida domestic violence cases. One recent appellate case indicates that notice is just as fundamental in a domestic violence case as it is in any other case when it comes to protecting a party’s due process rights.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
The goal of a civil restraining order in Florida is to protect a victim of domestic violence from future abuse, threats and harassment. Beyond prohibiting the abuser from contacting the victim, these orders can have negative affects on the abuser's job prospects and can generally cause inconvenience. This is why in one recent appellate case, the court reversed a wrongfully-entered restraining order even though it had already expired by the time the appeal was decided.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What do you need to get a restraining order against someone for stalking in Florida? For one, it is necessary to show a repeated pattern of following, harassing or cyber stalking another person. In Kriebel v. Piedrahita, 219 So.3d 867 (Fla. 4th DCA 2017) we see how a love triangle led to a restraining order being entered against the wife by the mistress.
Posted by Nydia Streets of Streets Law in Domestic Violence,
After a Florida restraining order or injunction against domestic violence is entered, the party against whom the injunction has been entered usually wonders when and if it can be dissolved. There are certain circumstances under which an injunction can be dissolved as explored in the appellate case Noe v. Noe, 217 So.3d 196 (Fla. 1st DCA 2017).
Posted by Nydia Streets of Streets Law in Domestic Violence
A person who reasonably fears he or she is in imminent danger of becoming a victim of domestic violence can request that an injunction or stay away order be entered against the aggressor. How does this standard play out in real cases? As is seen in Zapiola v. Kordecki, 210 So.3d 249 (Fla. 2d DCA 2017), the court must scrutinize the timing of the alleged incidents, and the reasonableness of the fear alleged.
Posted by Nydia Streets of Streets Law in Domestic Violence
An injunction or restraining order is one tool the law provides to those seeking protection from domestic violence. Stalking is one act of violence that can be the basis for seeking protection. As one appellate case illustrates, the standard for obtaining an injunction against stalking is clear under Florida law.
