Miami family law attorney blog
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Domestic Violence
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a parent is accused of abusing a child, it is possible to petition for a Florida domestic violence injunction on behalf of the child. If an injunction is entered, the parent who is determined to be abusive may lose his or her time-sharing. The distinction between a termination of parental rights and a permanent injunction was highlighted in the case Helweg v. Bugby ex rel. S.J.H., 1D19-4093 (Fla. 1st DCA November 4, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can text messages be entered into evidence in a Florida family law case? The answer depends on whether or not the messages can be authenticated. The party asking to have the text messages considered has the burden of proving who sent the message and that it is a true and correct copy of the message sent. This issue came up in the case Walker v. Harley-Anderson, 4D19-2216 (Fla. 4th DCA September 9, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Once an injunction is entered against a person, he or she might wonder how to get the injunction dissolved. If the time for appeal or the filing of the appropriate motion or pleading to challenge the entry of the injunction has passed, a party may have the option of filing a motion to dissolve the injunction. In Sweet v. Tucker, 1D19-1964 (Fla. 1st DCA August 17, 2020), an appeal was taken regarding the denial of a motion to dissolve.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
The right to defend yourself against allegations made against you is a fundamental one in the Florida family law courts. When a party is accused of domestic violence, he or she has the right to call witnesses and present evidence to the court in opposition to the allegations. This fundamental right was an issue in the case Berkley v. Roy, 1D19-3792 (Fla. 1st DCA August 19, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
If someone posts insults and character attacks regarding another person on his or her social media account, does this qualify as cyberstalking for purposes of obtaining a domestic violence injunction? The Florida Statutes define cyberstalking as “engag[ing] in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person causing substantial emotional distress to that person and serving no legitimate purpose." This was at issue in the case Krapacs v. Bacchus, 4D19-641 (Fla. 4th DCA August 12, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Due process in Florida domestic violence cases is a requirement in order for an injunction to survive appellate scrutiny. One example of due process is the rule that a party must be on notice about what he or she should defend against at a hearing. So in a domestic violence case, a party filing a petition must be specific about the alleged incidents of violence and cannot bring up new incidents at the hearing that were not mentioned in the petition. This type of “ambush” litigation was at issue in the case J.G.G. v. M.S., 5D19-3483 (Fla. 5th DCA July 2, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
The nuances of the standard for obtaining a Florida domestic violence injunction are important to understand. Even in cases in which there is an allegation of disturbing physical violence, an injunction may not be entered if other factors are not present. In the case Cook v. McMillan, 4D19-3825 (Fla. 4th DCA July 8, 2020), an appeal of a dating violence injunction was taken.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A Florida domestic violence injunction may infringe on a person’s First Amendment rights. If a court finds such infringement to be unconstitutional, the injunction may be set aside. The case Logue v. Book, 4D18-1112 (Fla. 4th DCA June 4, 2020) provides a lengthy opinion on a stalking injunction which the accused alleged operated as a prior restraint on his free speech.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How do issues of personal jurisdiction and subject matter jurisdiction affect a Florida domestic violence injunction? In the case Alobaid v. Kahn, 3D19-2128 (Fla. 3d DCA May 27, 2020), the husband appealed the entry of a permanent injunction on the basis that he did not live in Florida, and the child’s home state was not Florida, but Kuwait.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In a tale of former friends who became litigious enemies, Craft v. Fuller, 2D19-2891 (Fla. 2d DCA May 27, 2020) goes through the factors a court must analyze in determining whether or not cyberstalking has occurred.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Due process is an important part of any family law proceeding, including Florida domestic violence cases. A party is denied due process when he or she is not permitted to present testimony or other evidence to support his or her claims and defenses in the case. This is illustrated in the case Price v. Taylor, 4D19-2427 (Fla. 4th DCA June 10, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
To obtain an order of protection against stalking in Florida, specific factors must be shown by the petitioner. One of them is that the petitioner suffered severe emotional distress. This issue arose in the case Mills v. Riley, 1D19-1731 (Fla. 1st DCA May 26, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a party fears for his or her safety based on acts of violence by another, the party may be able to seek a Florida domestic violence injunction. To support the injunction, generally recent acts of qualified violence must be alleged along with an imminent fear of becoming a victim of domestic violence again. In the case Yaklin v. Yaklin, 2D19-1572 (Fla. 2d DCA May 8, 2020), the court considered the appeal of a former husband regarding an injunction entered against him for allegations of past violence against his former wife.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
According to a recent Florida domestic violence appellate case, “Where an injunction is sought by a victim of domestic violence based on completed acts, the petitioner is not required to establish reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence.” Whitlock v. Veltcamp, 1D19-3780 (Fla. 1st DCA May 6, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In order to obtain an injunction against repeat violence in Florida, a petitioner must show at least two incidents of violence via competent, substantial evidence. How far apart in time the incidents must be was an issue in the case Yehezkel v. Aral, 3D18-939 (Fla. 3d DCA April 15, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a parent is accused of child abuse, the child’s statements regarding the abuse may not be considered by the court unless they meet what is know as a hearsay exception. In the case Perrault v. Engle, 4D18-3458 (Fla. 4th DCA April 15, 2020), an unfortunate scenario arose in which a father was accused of sexually abusing his three year old son and an injunction was entered as a result.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
The entry of a domestic violence injunction in Florida carries with it a stigma against the person found to have committed domestic violence. It can affect a person’s job prospects and certain privileges such as purchasing firearms. This is likely why the law requires that certain steps be followed before an injunction is entered. In Toler v. Pray, 2D19-997 (Fla. 2d DCA April 3, 2020), the entry of an injunction was appealed on the basis that all steps were not followed.
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 a party does not appear at a Florida domestic violence injunction hearing, what happens? If the petitioner is able to present sufficient and credible evidence of domestic violence, it is possible for the court to enter an order in the respondent’s absence. This issue arose in the case Boucher v. Warren, 4D19-356 (Fla. 4th DCA March 4, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A party against whom a Florida domestic violence injunction has been entered may move to dissolve the injunction on the basis that the factors underlying entry of the injunction have changed or are no longer an issue. In the case Hobbs v. Hobbs, 1D19-1269 (Fla. 1st DCA February 27, 2020), the former husband sought to dissolve a 20-year old injunction entered in favor of his ex-wife.
