Domestic Violence Injunction

399 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Seburt Nelson Connor v. State
  803 So. 2d 598· Fla.· 2001-09-06 ·cited 564×
  Seburt Nelson Connor was convicted of murdering Lawrence Goodine and his ten-year-old daughter Jessica Goodine and sentenced to death for Jessica's murder. The Florida Supreme Court affirmed Connor's convictions and death sentence, addressing his claims regarding suppression of e
• State v. Thompson
  750 So. 2d 643· Fla.· 1999-12-22 ·cited 356×
  Florida Supreme Court held that Chapter 95-182, Laws of Florida, violates the single subject rule of the Florida Constitution by combining unrelated provisions addressing career criminals and domestic violence in a single statute. The decision invalidates violent career criminal
• Thompson v. State
  708 So. 2d 315· Fla. 2d DCA· 1998-03-13 ·cited 248×
  Chapter 95-182, Laws of Florida, violates the single subject requirement of the Florida Constitution by joining unrelated criminal and civil provisions, rendering it unconstitutional.
• Amendments to the Fla. Fam. Law Rules of Procedure & Fam. Law Forms
  810 So. 2d 1· Fla.· 2000-09-21 ·cited 85×
  The Florida Supreme Court approved amendments to the Florida Family Law Rules of Procedure and Family Law Forms, with particular emphasis on creating separate domestic and repeat violence injunction forms for cases involving and not involving children, adding clarifying language
• Belmont v. Belmont
  761 So. 2d 406· Fla. 2d DCA· 2000-05-12 ·cited 59×
  In this Florida dissolution of marriage case, the court affirmed in part and reversed in part the trial court's equitable distribution and alimony award. The key issues involved attorney's fees allocation, the classification of a premarital home as marital property, commingled as
• Gill v. Gill
  50 So. 3d 772· Fla. 2d DCA· 2010-12-29 ·cited 50×
  The court held that the evidence presented was legally insufficient to support the issuance of a domestic violence injunction because the petitioner failed to demonstrate she was a victim of domestic violence or had a reasonable fear of imminent danger.
• Gustafson v. Mauck
  743 So. 2d 614· Fla. 1st DCA· 1999-10-20 ·cited 47×
  The court held that the telephone calls, in conjunction with the history of the relationship, did not provide objectively reasonable grounds to fear imminent danger of violence.
• Oettmeier v. Oettmeier
  960 So. 2d 902· Fla. 2d DCA· 2007-07-20 ·cited 46×
  William Oettmeier appeals a domestic violence injunction issued against him following his estranged wife's petition. The court reverses, holding that the evidence failed to establish an objectively reasonable fear of imminent domestic violence, and the injunction was an abuse of
• In re Fam. Law Rules of Procedure
  663 So. 2d 1049· Fla.· 1995-11-22 ·cited 45×
  The Florida Supreme Court adopted new Family Law Rules of Procedure effective January 1, 1996, and subsequently issued this opinion addressing comments received after publication. The Court granted several substantive modifications to the rules, including allowing general and spe
• Guida v. Guida
  870 So. 2d 222· Fla. 2d DCA· 2004-03-24 ·cited 42×
  The court held that the trial court erred by failing to make statutorily required findings of fact for equitable distribution, alimony, and child support awards, and improperly included an injunction in the final judgment.
• Tobkin v. State
  777 So. 2d 1160· Fla. 4th DCA· 2001-02-14 ·cited 42×
  Petitioners, a reconciled married couple, sought a writ of prohibition to prevent a trial judge from continuing proceedings in domestic violence injunction and dissolution of marriage actions after the wife filed voluntary dismissals of both cases. The Fourth District Court of Ap
• STANDARD JURY INSTRUCTIONS IN CRIM. CASES (95-1)
  657 So. 2d 1152· Fla.· 1995-07-13 ·cited 42×
  The Florida Supreme Court approved amendments to the Standard Jury Instructions in Criminal Cases, including new instructions for stalking offenses, modifications to sexual battery instructions, and clarifications regarding impeachment evidence and crimes against law enforcement
• Haifa Y. Alkhoury v. Basem J. Alkhoury
  54 So. 3d 641· Fla. 1st DCA· 2011-03-02 ·cited 41×
  A Florida appellate court reversed the trial court's dissolution of a permanent domestic violence injunction, holding that the former husband seeking to dissolve the injunction failed to demonstrate changed circumstances that would render continuation unnecessary.
• State v. Byars
  823 So. 2d 740· Fla.· 2002-07-03 ·cited 40×
  The Florida Supreme Court held that a domestic violence injunction prohibiting a defendant from entering a specific structure does not defeat the statutory "open to the public" exception to burglary under Florida law. The court reaffirmed the bright-line rule from Miller v. State
• Xzavier Trapp v. State
  736 So. 2d 736· Fla. 1st DCA· 1999-06-17 ·cited 40×
  The court affirmed the conviction and sentence, finding no abuse of discretion regarding demonstrative evidence, but certified the constitutionality of the sentencing statute to the Florida Supreme Court due to concerns about logrolling and the single-subject rule.
• Lewis v. Lewis
  689 So. 2d 1271· Fla. 1st DCA· 1997-03-20 ·cited 34×
  A husband appeals from a domestic violence injunction that awarded temporary custody of the parties' two minor children to the wife without a full evidentiary hearing. The Florida appellate court reversed, holding that Florida statutes and family law rules require a full evidenti
• Moody v. Moody
  721 So. 2d 731· Fla. 1st DCA· 1998-06-03 ·cited 30×
  In this consolidated appeal and prohibition petition, the First District Court of Appeal reversed a contempt order that transferred custody of an asthmatic child from the wife to the husband as punishment for alleged smoking in the child's presence and denying visitation. The cou
• Brilhart v. Brilhart
  116 So. 3d 617· Fla. 2d DCA· 2013-07-03 ·cited 29×
  Laura Brilhart appeals a domestic violence injunction issued to protect her daughter S.L.B. from contact with her mother. The appellate court reversed the injunction, finding that the trial court lacked competent, substantial evidence to support its issuance.
• Young v. Shelitha Kay Smith
  901 So. 2d 372· Fla. 2d DCA· 2005-05-11 ·cited 28×
  Leon Young challenges a final domestic violence injunction entered against him by the trial court. The appellate court reversed, finding that the petitioner failed to prove the required elements of domestic violence or reasonable fear of imminent danger at the evidentiary hearing
• State v. Wheeler
  745 So. 2d 1094· Fla. 4th DCA· 1999-11-24 ·cited 28×
  A trial court lacks authority to dismiss a criminal charge based on the victim's decision not to pursue prosecution or the court's belief that dismissal serves the interests of justice. Only the state attorney possesses the discretion to determine whether prosecution will continu
• Randolph v. Philicia Corine Rich
  58 So. 3d 290· Fla. 1st DCA· 2011-02-16 ·cited 27×
  The court held that the evidence presented was legally insufficient to support the issuance of an injunction for protection against domestic violence.
• ST. John v. Coisman
  799 So. 2d 1110· Fla. 5th DCA· 2001-11-16 ·cited 27×
  A former police officer (St. John) challenged a punitive damages award of $333,000 following a jury verdict finding him liable for falsely arresting a father (Coisman) who was attempting to exercise visitation rights with his children. The appellate court affirmed the liability a
• Stone v. Stone
  128 So. 3d 239· Fla. 4th DCA· 2013-12-11 ·cited 26×
  A former husband appeals an injunction for protection against domestic violence entered by the trial court. The appellate court reversed, finding the former wife failed to meet her burden of proving either actual domestic violence or reasonable cause to believe she faced impendin
• Smith v. Alisa Smith
  964 So. 2d 217· Fla. 2d DCA· 2007-08-24 ·cited 26×
  The court held that the trial court erred by denying the appellant his fundamental right to be heard, violating his due process rights.
• In re Fam. Law Rules of Procedure
  663 So. 2d 1047· Fla.· 1995-07-07 ·cited 25×
  The Florida Supreme Court adopted comprehensive Florida Family Law Rules of Procedure as a separate procedural framework for family law cases, substantially modifying the Family Law Rules Committee's proposed rules to reduce complexity, eliminate unnecessary incorporation of civi
• Jones v. Jones
  32 So. 3d 772· Fla. 2d DCA· 2010-04-30 ·cited 24×
  The court held that a petitioner must present competent, substantial evidence of an objectively reasonable fear of imminent domestic violence to support an injunction.
• Reed v. Reed
  816 So. 2d 1246· Fla. 5th DCA· 2002-05-31 ·cited 21×
  The court held that the trial court erred in denying a motion to vacate an injunction without a hearing and sufficient time for service.
• Amendments to the Fla. Fam. Law Rules
  713 So. 2d 1· Fla.· 1998-02-26 ·cited 21×
  The Florida Supreme Court adopted comprehensive amendments to the Florida Family Law Rules of Procedure and revised family law forms to simplify and improve the family law litigation process. The Court approved most proposed technical changes, adopted new rules regarding domestic
• Young v. Young
  96 So. 3d 478· Fla. 1st DCA· 2012-09-11 ·cited 20×
  Cheryl Young appeals a domestic violence injunction issued against her for accessing her husband's email account during divorce proceedings. The appellate court reverses, holding that her conduct—while improper—does not constitute cyberstalking or domestic violence under Florida
• Pope v. Pope
  901 So. 2d 352· Fla. 1st DCA· 2005-05-05 ·cited 20×
  William Pope appeals a final judgment extending a temporary domestic violence injunction for six months without allowing him to present evidence or witnesses. The court reversed, holding that due process requires a full evidentiary hearing where both parties can present their cas
• Maikel A. Sanchez v. Marin
  138 So. 3d 1165· Fla. 3d DCA· 2014-05-21 ·cited 19×
  Maikel Sanchez appealed a final judgment granting a domestic violence injunction against him, filed by his aunt Rosa Marin after a business dispute. The court reversed because the trial court improperly admitted evidence of a fire at a third party's property that was never allege
• Spurgiesz v. Lesley J. Graves
  750 So. 2d 771· Fla. 5th DCA· 2000-02-11 ·cited 19×
• Mitchell v. Mitchell
  198 So. 3d 1096· Fla. 4th DCA· 2016-08-24 ·cited 18×
  The Fourth District Court of Appeal reversed a permanent domestic violence injunction, holding that the trial court applied an incorrect legal standard by focusing on subjective fear rather than objectively reasonable fear of imminent danger. The court found the evidence insuffic
• Grigsby v. Grigsby
  39 So. 3d 453· Fla. 2d DCA· 2010-07-07 ·cited 18×
  Lisa Grigsby appeals from an order awarding sole parental responsibility to the father and completely suspending her time-sharing with the parties' four minor children based on severe parental alienation. The court affirmed the suspension but reversed and remanded on the narrow g
• Inquiry Concerning A Judge
  36 So. 3d 580· Fla.· 2010-02-11 ·cited 18×
  The Florida Supreme Court upheld the Judicial Qualifications Commission's findings that Seminole County Judge Ralph E. Eriksson violated the Code of Judicial Conduct by retaliating against a defendant who sought recusal and by employing an unduly rigid and hostile approach in dom
• Walker v. Honorable E. Randolph Bentley
  660 So. 2d 313· Fla. 2d DCA· 1995-08-30 ·cited 18×
  Walker seeks a writ of prohibition to prevent a circuit judge from prosecuting him for indirect criminal contempt for violating a domestic violence injunction. The court holds that despite the legislature's 1994 amendment limiting enforcement to civil contempt, circuit courts ret
• In re Amendments to Fla. Fam. Law Rules of Procedure
  214 So. 3d 400· Fla.· 2017-03-16 ·cited 17×
  The Court adopted a standalone set of Florida Family Law Rules of Procedure to govern all family law matters, replacing the prior system of incorporating the Florida Rules of Civil Procedure by reference. The Court declined to adopt proposed amendments to Rule 12.110 regarding ve
• de Leon v. Yohusy Collazo
  178 So. 3d 906· Fla. 3d DCA· 2015-10-14 ·cited 17×
  The Florida Third District Court of Appeal reversed a permanent injunction for protection against domestic violence because the trial court improperly admitted and considered substantial allegations of abuse that were never pleaded in the petition, violating the defendant's due p
• Selph v. Decirena Selph
  144 So. 3d 676· Fla. 4th DCA· 2014-08-13 ·cited 17×
  The court held that the trial court erred in entering a domestic violence injunction because the evidence presented was not legally sufficient to support a finding of domestic violence as defined by statute.
• Mohamed Shaheed Bacchus v. Heba Bacchus
  108 So. 3d 712· Fla. 5th DCA· 2013-03-01 ·cited 17×
  A husband appeals an order extending a temporary domestic violence injunction for one year. The court reverses, holding that the trial court improperly issued a series of temporary injunctions rather than conducting a full hearing on a permanent injunction, and remands for a prop
• Mendez Lynch v. Mendez Lynch
  220 F. Supp. 2d 1347· M.D. Fla.· 2002-08-13 ·cited 17×
  The court found that the Petitioner established the elements of wrongful removal under the Hague Convention, and that the Respondent failed to establish any exceptions to the mandatory return of the children.
• Taylor v. Honorable Patrick G. Kennedy
  649 So. 2d 270· Fla. 5th DCA· 1994-12-30 ·cited 17×
  Petitioner Taylor sought a writ of prohibition to prevent the circuit court from exercising jurisdiction over a non-parent's claim for visitation rights with her child. The court granted the writ, holding that Florida courts lack inherent authority to award visitation to non-pare
• Wills v. Rashida Wills Jones
  213 So. 3d 982· Fla. 1st DCA· 2016-04-27 ·cited 16×
  The Florida First District Court of Appeal reversed a domestic violence injunction granted to a mentally ill adult daughter against her parents who had been involved in her mental health treatment and Baker Act proceedings. The court held that the parents' conduct, while sometime
• Daniela Rudel v. Rudel
  111 So. 3d 285· Fla. 4th DCA· 2013-04-17 ·cited 16×
  The wife appealed the trial court's dismissal of her dissolution of marriage petition and domestic violence injunction petition. The court found it lacked subject matter jurisdiction over the dissolution due to the wife's non-permanent residency status and lacked personal jurisdi
• Furry v. Rickles
  68 So. 3d 389· Fla. 1st DCA· 2011-08-31 ·cited 16×
  Appellant challenges a final judgment of injunction for protection against domestic violence. The court reversed, finding that the trial court violated due process by failing to conduct a full evidentiary hearing as required by Florida law, instead limiting the parties' presentat
• Betterman v. Kukelhan
  977 So. 2d 702· Fla. 4th DCA· 2008-03-19 ·cited 16×
  A former boyfriend appeals the summary denial of his motion to vacate a domestic violence injunction. The court reverses, holding that due process requires the trial court to hold a hearing and allow the movant to present evidence before denying a motion to dissolve a domestic vi
• Miller v. Miller
  691 So. 2d 528· Fla. 4th DCA· 1997-03-27 ·cited 16×
  Matthew Miller appeals an order granting a six-month injunction for protection against domestic violence that excluded him from his home and restricted his access to his minor child. The Fourth District Court of Appeal reversed, holding that the trial court violated due process b
• Regalado Lopez v. Regalado
  257 So. 3d 550· Fla. 3d DCA· 2018-10-10 ·cited 15×
  A domestic violence injunction is properly issued when the petitioner establishes a reasonable cause to believe she faces imminent danger of domestic violence, considering current allegations, parties' behavior within the relationship, and the relationship's history as a whole. A
• Sammie Horowitz v. Horowitz
  160 So. 3d 530· Fla. 2d DCA· 2015-04-01 ·cited 15×
  Sammie Horowitz appeals a final judgment granting an injunction for protection against domestic violence issued to his estranged wife, Maureen P. Horowitz. The court reverses, finding insufficient competent, substantial evidence that Mrs. Horowitz was either a victim of domestic
• Moore v. Hall
  786 So. 2d 1264· Fla. 2d DCA· 2001-06-15 ·cited 15×
  The court held that a single, isolated comment made in frustration, not directly to the petitioner and not intended as a threat, is insufficient to establish reasonable cause to believe the petitioner is in imminent danger of domestic violence.