CHRISTINE CAROL ORTH, APPELLANT,
v.
TERRY LEE ORNDORFF, APPELLEE

Fla. 2d DCA | 2003-02-07
No. 2D02-3315
WHATLEY and COVINGTON, JJ., Concur.
835 So. 2d 1283 Florida District Court of Appeal, Second District (2003) Positive Treatment
Cited by 1 case
Topics
Petition For Injunction Domestic Violence Injunction

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Opinion of the Court
STRINGER, Judge.

STRINGER, Judge.

Christine Carol Orth seeks review of the trial court’s order entering a permanent injunction against her precluding contact with her former boyfriend, Terry Lee Orn-dorff. Orth argues that the trial court erred in entering such an order because Orndorff had not filed a petition or cross-petition for an injunction. We agree and reverse.

This case originated in March 2002, when Orth filed a petition for an injunction for protection against domestic violence perpetrated by Orndorff pursuant to section 741.30, Florida Statutes (2001). The trial court held a hearing and granted Orth’s petition on May 14, 2002. On May 31, 2002, the court sua sponte entered a permanent injunction against Orth precluding contact with Orndorff. However, Orndorff did not file a petition or cross-petition for an injunction. Thus, the permanent injunction is in direct contravention of sections 741.30(1)(I), (4), and (6)(a), which require the filing of a petition and a hearing on such prior to the issuance of an injunction. See Johnson v. State, 657 So. 2d 971, 971-72 (Fla. 3d DCA 1995) (reversing injunction where no petition was filed and no hearing was held). Accordingly, we reverse.

WHATLEY and COVINGTON, JJ., Concur.

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Citator

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  • Smith v. Crider, 932 So. 2d 393 (Fla. 2d DCA 2006)
    …idence to support the relief requested. Crooks v. Crooks, 657 So. 2d 918, 919 (Fla. 4th DCA 1995). Generally, the sworn evidence supporting the entry of such an order may not consist solely of unsubstantiated hearsay. See, e.g., Phillips v. Wintter, 835 So. 2d 1283, 1285 (Fla. 4th DCA 2003). Here, many of the father’s more serious allegations were clearly not made upon his personal knowledge but involved hearsay from third parties. Though the existence of a true emergency regarding the welfare of children may…

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