Miami family law attorney blog
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Domestic Violence
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a Florida domestic violence court enters an order regarding time-sharing, how does this affect any time-sharing orders entered separately in a family court? Generally the family court has priority in any decisions affecting the best interest of the children. This was an issue in the case Caddy v. Robinson, 4D20-894 (Fla. 4th DCA June 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a romantic relationship ends, the break-up may lead to unwanted communication or contact from a former partner. When this communication or contact crosses the line from harmless to distressing, a party might seek a domestic violence injunction, particularly related to stalking. This was an issue in the case Ditana v. Edwards, 4D20-1619 (Fla. 4th DCA June 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
The Florida Statutes authorize a person to seek an injunction against dating violence. In order to obtain such an injunction, the person must show with competent, substantial evidence that he or she is in imminent fear of another future act of violence. This was an issue in the case Whitfield v. Meeks, 1D20-2974 (Fla. 1st DCA July 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a party violates a temporary domestic violence injunction, can a permanent injunction be entered as a sanction? A temporary injunction is entered without a hearing. The permanent injunction is entered once a full hearing occurs. When parties are neighbors, enforcement of an injunction may be tricky. All of these issues were present in the case Peck v. Rosado, 5D20-2099 (Fla. 5th DCA June 25, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a temporary domestic violence injunction is entered in Florida, the order usually contains a provision obligating the party against whom the injunction is sought to surrender all firearms. Since a temporary injunction is entered without a hearing and without an opportunity for the accused to defend him or herself against the allegations, there is an argument that the seizure of a person’s property is unfair. This was an issue in the case Dean v. Bevis, 2D20-2348 (Fla. 2d DCA June 4, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a romantic relationship ends, one party may have trouble accepting it is over, while the other party may wish to move on quickly. Usually, the party who cannot accept the end of the relationship repeatedly contacts the other party, sends gifts, etc. When does this behavior rise to the level of stalking under Florida domestic violence laws? This was an issue in the case Decker v. Munson, 2D20-1303 (Fla. 2d DCA May 28, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Initially, when a petition for injunction against domestic violence is filed in Florida, a temporary injunction may be entered without a hearing. The temporary injunction is usually set to expire on or shortly after the date of a hearing set on the petition. If the hearing is postponed, the temporary injunction may be extended through the next hearing date. What happens if a hearing gets postponed several times? This was an issue in the case Marquez v. Rivera, 4D21-682 (Fla. 4th DCA June 23, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can a stalking injunction be entered against someone in Florida for posting negative things about someone else online? Social media such as Facebook, Instagram, Twitter, and the like provide a platform for people to express themselves. How a court deciding a stalking injunction views postings on these sites depends on to whom the posts were directed. This was an issue in the case Wright v. Norris, 2D19-4643 (Fla. 2d DCA April 21, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
After a dispute over the use of an easement that included allegations of yelling, screaming and cursing between two neighboring business owners, a stalking injunction was entered against one of the business owners. He appealed in the case Laquidara v. Houghtaling, 2D19-3400 (Fla. 2d DCA April 16, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How many times can a judge continue a Florida family law case? While judges have discretion to grant or deny requests to delay hearings, this discretion is not absolute. Sometimes too many continuances can affect a party’s due process rights - that is their right to a fair process. This was an issue in the case Sanchez v. Saenz, 3D21-819 (Fla. 3d DCA May 12, 2021) in which the final hearing was continued 8 times, resulting in an ex-parte temporary injunction being in place for over 520 days.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Extending a Florida domestic violence injunction requires that the petitioner show that new acts of violence have occurred and that he or she is in reasonable fear of becoming a victim of domestic violence again. What constitutes a new act and reasonable fear? This was discussed in the case Frost v. Wilson, 2D19-4635 (Fla. 2d DCA April 9, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
“A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking . . . .” under § 784.048(2), Fla. Stat. ‘Harass means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose”, according to § 784.048(1)(a), Fla. Stat. A stalking injunction was the subject of the case Kendrick v. Glover, 1D20-104 (Fla. 1st DCA April 9, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In a Florida domestic violence proceeding, both parties must be given an opportunity to present evidence and to challenge evidence presented against them. Failure to provide this opportunity usually results in a violation of a party’s due process rights. This was an issue in the case Owens v. Owens, 1D20-1647 (Fla. 1st DCA April 9, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A petition for protection against domestic violence in Florida must put the accused on notice of the allegations being made against him or her. This is so that the accused can prepare a proper defense. If there is an objection at a hearing to evidence being offered in support of a claim which was not included in the petition, it is ordinarily error for a court to enter an injunction based on that evidence. This was an issue in the case Wynter v. Gutierrez, 5D20-2235 (Fla. 5th DCA March 5, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a final judgment of injunction against domestic violence is entered, the party against whom the injunction is entered must follow the order’s prohibitions against contacting or going near the victim. If the abuser violates the order, he or she may be held in contempt and/or be held criminally liable. This was an issue in the case Ogden v. Mindrebo, 1D20-462 (Fla. 1st DCA March 4, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A domestic violence claim in Florida must be proven by competent, substantial evidence. A domestic violence injunction can be entered when a court finds a person has a reasonable apprehension that he or she is in imminent danger of becoming a victim of domestic violence. What is sufficient evidence? This was an issue in the case Chiscul v. Hernandez, 4D20-287 (Fla. 4th DCA February 10, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party can prove a Florida domestic violence injunction no longer serves a purpose, that party may apply to dissolve, or cancel, the injunction. What are some examples of an injunction no longer serving a purpose? The case Black v. Black, 2D19-3738 (Fla. 2d DCA December 16, 2020) provides one.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How close in time must an incident of domestic violence be to filing a petition for injunction against violence in Florida? This was an issue in the case Magloire v. Obrenovic, 2D20-145 (Fla. 2d DCA December 11, 2020) in which the alleged victim of domestic violence testified that the last incident of violence occurred more than one year to the date she filed the petition for protection against domestic violence.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a domestic violence injunction is entered against a person in Florida, that person is required to surrender his or her firearms. This can happen when a temporary injunction is entered pending the outcome of a final hearing. If the injunction is ultimately denied, the person whose firearms were surrendered is typically entitled to have his or her property returned immediately since the temporary injunction expires by the time the permanent injunction is denied. This was an issue in the case Wolfe v. Newton, 2D20-1994 (Fla. 2d DCA December 11, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Florida courts have routinely held that it is inappropriate to use a Florida domestic violence injunction to attempt to keep the peace between neighbors. When neighbors feud, this can cause stress and disturb a person’s quiet enjoyment of his or her home. However, this disturbance may not be enough to support a Florida domestic violence injunction. We review this in the case Cash v. Gagnon, 4D19-1302 (Fla. 4th DCA November 4, 2020).
