Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What a party knows or feels and what the party can prove are often at odds in a Florida family law case. This is why it is important to know the rules of evidence and to understand how to have documents, statements or other proof admitted at your trial. In the case Patin v. Davis, 1D18-5061 (Fla. 1st DCA February 18, 2020), an appeal was taken that centered around the sufficiency of the evidence produced at a domestic violence trial.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A party can seek a domestic violence restraining order on behalf of a minor child. The Florida domestic violence statutes are very specific as to the requirements that need to be met in order for an injunction to be entered. In J.A.F. v. A.J.R., 2D18-4764 (Fla. 2d DCA February 14, 2020), an appeal was taken regarding an order of injunction entered against a man on behalf of a minor child and that child’s father.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In another case of feuding neighbors, an appellate court considered the appeal of one man whose neighbor obtained a stalking injunction against him. The feud reportedly stemmed from the man’s cutting of trees or bushes that separated his property from his neighbor’s property. The case is Sinopoli v. Clark, 2D18-4124 (Fla. 2d DCA February 7, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Mere uncivil behavior between separated parents is not enough to support a Florida domestic violence injunction, according to the case Quinones-Dones v. Mascola, 5D19-1421 (Fla. 5th DCA January 24, 2020). Although the mother in this case presented evidence of the father’s alleged domestic violence against her in the past, in conjunction with more recent acts by the father, the court determined this was not enough to meet the requirements of the issuance of an injunction.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What a Florida domestic violence court called “creepy” behavior on the part of a party accused of stalking a minor child turned out to be insufficient to support an injunction against stalking. In Santiago v. Leon, 3D19-0011 (Fla. 3d DCA January 2, 2020), the accused stalker appealed an order mandating that he stay away from the child of his former partner.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In a recent appellate case, the court overturned a permanent injunction entered against a father concerning his son. In the case De Hoyos v. Bauerfeind, 1D19-581 (Fla. 1st DCA December 16, 2019), the mother brought the case on behalf of the parties’ child who alleged the father hit the child in the face on the way to school.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Arguments between neighbors can become heated and uncomfortable since the source of tension is often someone you may have to see daily. When does an argument cross the line from “normal” to deserving of a Florida restraining order? In the case Adamczyk v. Herman, 4D19-870 (Fla. 4th DCA December 11, 2019), we see how the court treated a dispute involving a condominium association.
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
When a person is determined to be legally incompetent in Florida, that person is afforded certain protections as it relates to lawsuits filed against the person. In the case Edwell v. Trainor, 5D19-1115 (Fla. 5th DCA October 11, 2019), a Florida domestic violence court’s order was challenged by a party deemed to be incompetent by a court.
osted by Nydia Streets of Streets Law in Florida Domestic Violence
When a relationship ends and one party is not ready to move on, there may be lingering communication from that party to the other in an attempt to reconcile. However, when the other party makes it clear the communication is unwanted, continued attempts to communicate may support a petition for injunction against dating violence in Florida. This was the case in Khan v. Deutschman, 1D18-822 (Fla. 1st DCA October 11, 2019).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In a second attempt to obtain a domestic violence injunction, a party was again instructed via an appellate opinion what constitutes stalking. The case Reid v. Saunders, 1D18-1562 (Fla. 1st DCA September 25, 2019) was before the court for a second time in two years based on an ongoing feud between two women.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In a twisted tale in which a former nanny was accused of stalking a family after she was fired from her job as the family’s nanny, a Florida appellate court considered the nanny’s appeal of a permanent injunction entered against her. In the case Auguste v. Aguado, 3D19-394 (Fla. 3d DCA September 25, 2019), the court examined how and if the allegations of stalking against the nanny were sufficient to support the entry of a permanent injunction.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A petition for injunction against dating violence is appropriate in Florida when a party fears he or she is in immediate danger of becoming the victim of an act of violence. The case Schultz v. Moore, 5D18-2774 (Fla. 5th DCA September 27, 2019) goes over what allegations are sufficient to support the entry of an injunction against dating violence.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In yet another case of feuding neighbors seeking injunctions against domestic violence, the matter of Caterino v. Torello, 2D18-1712 (Fla. 2d DCA June 26, 2019) lays out the standard for obtaining an order of protection against stalking. The parties in this case were neighbors involved in a somewhat bitter dispute regarding homeowners’ association issues.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is needed to obtain an injunction against dating violence in Florida? According to the Florida Statutes, “Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or any person who has reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of dating violence . . . has standing in the circuit court to file a sworn petition for an injunction for protection against dating violence.” 784.046(2)(b), Florida Statutes. The case Stefano v. Long, 2D18-3180 (Fla. 2d DCA August 9, 2019) illustrates how this statute is applied to the specific facts of a case.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Florida domestic violence hearings present an opportunity for an alleged victim and and alleged abuser to present their respective proof to the court supporting their respective positions. When competent, substantial evidence is unrebutted, a court is within its authority to enter the injunction based on those allegations, as held in the case Taylor v. Price, 4D18-2835 (Fla. 4th DCA May 22, 2019).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
After their relationship soured, the parties in the case Sumners v. Thompson, 1D18-3637 (Fla. 1st DCA May 13, 2019) went their separate ways but not before the alleged victim filed a petition for injunction against dating violence against the alleged abuser. The petitioner alleged she was repeatedly text messaged, called and sent messages on social media by her ex-paramour, in addition to him showing up at her house uninvited.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A co-worker’s alleged inappropriate behavior toward another co-worker was not enough to sustain an injunction against stalking, according to the case Klenk v. Ransom, 1D18-2774 (Fla. 1st DCA May 13, 2019). As the court held, “Although behavior such as that alleged here can be valid grounds for employment action, it does not rise to the level of conduct justifying a stalking injunction.”
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A party who is in reasonable and genuine fear for his or her safety has the option to obtain a civil restraining order in Florida known as a domestic violence injunction. However, this order cannot be used to compel neighbors to be nice to each other as we see in the case Stone v. McMillian, 1D17-5332 (Fla. 1st DCA May 2, 2019).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A petition for protection against domestic violence can be filed on behalf of a minor child who is the victim of abuse. When filing such a petition it is important to follow rules regarding the submission of evidence to the court to avoid the loss of important protection for a child. We see this play out in the case Hussey v. Lara, ex. rel., 3D18-259 (Fla. 3d DCA April 10, 2019).
