Domestic Violence Injunction

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

• Whetstone v. State
  778 So. 2d 338· Fla. 1st DCA· 2000-12-29 ·cited 15×
  David Whetstone appeals his convictions for armed burglary with intent to commit assault or battery and attempted second-degree murder. The court reverses the burglary conviction, finding that Whetstone and his wife were co-tenants of the leased premises and therefore he could no
• Cleary v. Maria Tereza de Castelo Branco Ferreira Cleary
  711 So. 2d 1302· Fla. 2d DCA· 1998-05-29 ·cited 15×
  Robert Cleary appealed a domestic violence injunction entered against him, arguing his wife lacked reasonable cause to believe she might become a victim of domestic violence and sought the injunction merely for tactical advantage in a pending divorce. The appellate court affirmed
• State v. Suarez-Mesa
  662 So. 2d 735· Fla. 2d DCA· 1995-11-01 ·cited 15×
  A person restrained by court order from entering a property, even if they have a legal interest in it, can be charged with burglary if they enter with the intent to commit a crime.
• Colley v. State
  310 So. 3d 2· Fla.· 2020-11-25 ·cited 14×
  James Terry Colley, Jr. was convicted of two first-degree murders and sentenced to death. On direct appeal to the Florida Supreme Court, Colley challenged the trial court's findings of two aggravating factors (cold, calculated, premeditation and heinous, atrocious, or cruel murde
• Iraelio Alcolea Leal v. Orielyn Diaz Rodriguez
  220 So. 3d 543· Fla. 3d DCA· 2017-06-07 ·cited 14×
  In a domestic violence injunction appeal, the Third District Court of Appeal affirmed the trial court's issuance of a final injunction for protection against domestic violence. The court held that the wife's evidence of the husband's prior violence, controlling behavior, threats,
• In re Standard Jury Instructions in Criminal Cases
  953 So. 2d 495· Fla.· 2007-03-29 ·cited 14×
  The Florida Supreme Court approved amendments to standard jury instructions in criminal cases, including new instructions on cyberstalking, dangerous sexual offenders, and burglary-related crimes, with one instruction (Dangerous Sexual Felony Offender) remanded for further study
• Campbell v. Lizabeth Campbell
  584 So. 2d 125· Fla. 4th DCA· 1991-08-07 ·cited 14×
  Former husband appeals a non-final order granting former wife's temporary injunction petition filed under Florida Rule of Civil Procedure 1.610 to restrict his child visitation rights based on fear of domestic violence. The court affirms, holding that while section 741.30 of the
• Spaulding v. Shane
  150 So. 3d 852· Fla. 2d DCA· 2014-11-05 ·cited 13×
  The court held that a lengthy prison sentence constitutes a change in circumstances sufficient to warrant the dissolution of a domestic violence injunction.
• Eddison Arnold v. Coralis Santana
  122 So. 3d 512· Fla. 1st DCA· 2013-10-07 ·cited 13×
  The court held that the evidence presented was insufficient to demonstrate an objectively reasonable fear of imminent domestic violence, thus reversing the injunction.
• Barile v. Gayheart
  80 So. 3d 1085· Fla. 2d DCA· 2012-02-17 ·cited 13×
  The court held that the trial court erred by switching the type of injunction from repeat violence to domestic violence sua sponte without proper notice, thereby denying the appellant due process.
• Elur J. Raymonvil v. Sade Ferrari Lewis
  46 So. 3d 139· Fla. 5th DCA· 2010-10-22 ·cited 13×
  Trial court violated due process by summarily denying without hearing a motion to modify a domestic violence injunction where the movant alleged changed circumstances and a prior agreement limiting the injunction's duration.
• Fish v. Brown
  838 F.3d 1153· 11th Cir.· 2016-10-03 ·cited 12×
  Harold Fish sued Deputies Harrison and Loucks under the Fourth Amendment after they entered his home while accompanying his former lover Riesco to retrieve personal belongings, observed firearms in violation of a domestic violence injunction, and arrested him. The Eleventh Circui
• Gervaris Montez Leaphart v. Chavondra Briann James
  185 So. 3d 683· Fla. 2d DCA· 2016-02-10 ·cited 12×
  The court held that the injunction was not supported by competent, substantial evidence because the petitioner failed to prove Leaphart committed the alleged acts of domestic violence or that she was in imminent danger.
• Weisberg v. Albert
  123 So. 3d 663· Fla. 4th DCA· 2013-10-16 ·cited 12×
  Weisberg appeals a domestic violence injunction entered against him by his former son-in-law Albert. The court reversed, holding that Albert failed to prove he was a victim of domestic violence or in imminent danger thereof based on a single threatening statement without overt ac
• Ambrefe v. Ambrefe
  993 So. 2d 98· Fla. 2d DCA· 2008-10-15 ·cited 12×
  Joseph Ambrefe appeals a final judgment granting an injunction for protection against domestic violence filed by his wife, Denise. The appellate court reversed, holding that the trial court lacked sufficient evidence of imminent danger of domestic violence as required by Florida
• Baumgartner v. Sibylle Baumgartner
  693 So. 2d 84· Fla. 2d DCA· 1997-05-02 ·cited 12×
  The court held that neither section 741.30 nor chapter 61 of the Florida Statutes provides a basis for awarding attorney's fees in this domestic violence injunction case.
• State v. Miranda
  644 So. 2d 342· Fla. 2d DCA· 1994-11-02 ·cited 12×
  A subsequent prosecution for aggravated stalking is not barred by double jeopardy, even if the defendant was previously held in contempt for violating a domestic violence injunction based on the same conduct, because the two offenses contain different elements.
• Stover v. Stover
  287 So. 3d 1277· Fla. 2d DCA· 2020-01-03 ·cited 11×
  The appellate court affirmed the trial court's decision to grant an injunction for protection against domestic violence but dismissed the appeal regarding exclusive timesharing. The court found the timesharing issue moot because the injunction had expired, rendering any ruling in
• Semple v. Nanci Semple
  763 So. 2d 484· Fla. 4th DCA· 2000-07-05 ·cited 11×
  Raymond Semple appeals a domestic violence injunction and temporary custody award, claiming he was denied due process because the trial court failed to conduct a full evidentiary hearing before issuing the permanent injunction and awarding custody to his ex-wife. The court revers
• Blackwood v. Anderson
  664 So. 2d 37· Fla. 5th DCA· 1995-12-01 ·cited 11×
  The trial judge lacked jurisdiction to transfer custody or enter a domestic violence injunction against the mother because paternity was not properly established and statutory requirements for injunctions were not met.
• Darrel Duane Cyrus v. Cyrus
  324 So. 3d 590· Fla. 1st DCA· 2021-07-20 ·cited 10×
  The appellate court affirmed the trial court's denial of a motion to dismiss a domestic violence injunction. The appellant failed to provide a transcript of the hearing, preventing the court from reviewing whether the trial court abused its discretion.
• Baker v. Baker
  112 So. 3d 734· Fla. 2d DCA· 2013-05-08 ·cited 10×
  Stephen Baker appealed the trial court's denial of his motion to dissolve a domestic violence injunction issued against him in 2007. The appellate court reversed, finding that Baker's subsequent 30-year imprisonment constituted a material change in circumstances warranting dissol
• Fla. Dep't OF Child. & Families v. Y.C.
  82 So. 3d 1139· Fla. 3d DCA· 2012-03-07 ·cited 10×
  The Florida Department of Children and Families appeals an order requiring it to provide dependency services after a mother filed a petition against herself and was found in default, resulting in an order of dependency with no hearing or evidence. The court holds that a parent ca
• G.C. v. R.S. (parent) and K.C. (minor)
  71 So. 3d 164· Fla. 1st DCA· 2011-09-16 ·cited 10×
  A single spank administered by a parent to a child for disciplinary purposes, which does not result in harm, constitutes reasonable parental discipline and not domestic violence as a matter of law.
• Olin v. Roberts
  42 So. 3d 841· Fla. 1st DCA· 2010-07-30 ·cited 10×
  The final judgment of injunction for protection against domestic violence is affirmed because the appellee presented sufficient evidence of battery and assault.
• Malchan v. Leis Howard
  29 So. 3d 453· Fla. 4th DCA· 2010-03-10 ·cited 10×
  Malchan appeals a permanent injunction for domestic violence protection issued by the trial court based on an alleged 2005 incident where he allegedly punched a wall, pushed the mother into a wall, tried to choke her, and threatened to kill her. The appellate court reversed, hold
• Ratigan v. Stone
  947 So. 2d 607· Fla. 3d DCA· 2007-01-10 ·cited 10×
  In a dissolution of marriage case, the trial court awarded attorneys fees to the former wife as sanctions for the husband's litigation misconduct and also awarded attorneys fees to the former wife's fiancée as sanctions in a related domestic violence injunction proceeding. The ap
• Samanka v. Brookhouser
  899 So. 2d 1190· Fla. 2d DCA· 2005-04-15 ·cited 10×
  Sandra Samanka appealed a modified domestic violence injunction, arguing the trial court violated her due process rights by extending and modifying the injunction without holding a hearing. The Florida Second District Court of Appeal agreed and reversed, holding that a nonmoving
• Abravaya v. Yanira B. Gonzalez
  734 So. 2d 577· Fla. 3d DCA· 1999-06-16 ·cited 10×
  James Abravaya appeals a domestic violence injunction granted against him after he allegedly drove erratically on a highway, prevented his former girlfriend from exiting, and rear-ended her vehicle. The Third District Court of Appeal affirms the injunction, finding the victim's c
• Brooks v. Barrett
  694 So. 2d 38· Fla. 1st DCA· 1997-01-22 ·cited 10×
  A Florida appellate court reversed a trial court's sua sponte amendment of a domestic violence injunction against the husband, holding that the court violated due process by modifying the injunction without notice or a hearing afforded to the husband.
• Cordova v. State
  675 So. 2d 632· Fla. 3d DCA· 1996-05-29 ·cited 10×
  Victor Cordova appeals his conviction for indirect criminal contempt for violating a domestic violence injunction, challenging the trial court's use of judicial notice to establish that he was served with the injunction. The court affirms the conviction, holding that while judici
• Daniela Alves Zapiola v. Andraea Lynn Kordecki
  210 So. 3d 249· Fla. 2d DCA· 2017-02-10 ·cited 9×
  The court held that a single, isolated incident of alleged domestic violence from years prior, without current allegations of threats or imminent danger, is insufficient to support the issuance of an injunction for protection against domestic violence.
• Vaught v. Vaught
  189 So. 3d 332· Fla. 4th DCA· 2016-04-20 ·cited 9×
  Michael Vaught appeals a domestic violence injunction, arguing he was denied due process because the trial court based its decision on allegations in a supplemental affidavit that was never served on him and he received fewer than three business days' notice of the final hearing.
• In the Interest of A.B. v. R.B.
  186 So. 3d 544· Fla. 2d DCA· 2015-03-06 ·cited 9×
  A father appeals a final judgment for protection against sexual violence issued in a domestic violence injunction proceeding. The appellate court reversed, finding that the trial court erred by relying on a videotaped forensic interview of the fourteen-year-old alleged victim wit
• Phillips v. Nofar Phillips
  151 So. 3d 58· Fla. 2d DCA· 2014-11-07 ·cited 9×
  Matthew Lane Phillips appeals an injunction for protection against domestic violence issued against him in favor of his estranged wife, Nofar Phillips. The court reversed the injunction, finding that Mrs. Phillips failed to establish reasonable cause to believe she was in imminen
• Dietz v. Dietz
  127 So. 3d 1279· Fla. 1st DCA· 2013-12-17 ·cited 9×
  Matthew Dietz appeals an order extending a temporary domestic violence injunction for six months without a required showing of good cause for continuance. The Florida First District Court of Appeal reversed, holding that extending a temporary injunction requires statutory authori
• State v. Byars
  804 So. 2d 336· Fla. 4th DCA· 2001-07-11 ·cited 9×
  The Florida Supreme Court's decision in Miller v. State established that entry into premises open to the public constitutes a complete defense to burglary charges, regardless of whether the defendant was prohibited by injunction or lacked permission. This appeal affirms the dismi
• Ryan v. Ryan
  784 So. 2d 1215· Fla. 2d DCA· 2001-04-18 ·cited 9×
  A Florida appellate court reversed a final domestic violence injunction that awarded temporary exclusive custody of four minor children to the father and prohibited all maternal contact for one year. The court held that the mother was denied due process because the petition faile
• Chanfrau v. Fernandez
  782 So. 2d 521· Fla. 2d DCA· 2001-04-06 ·cited 9×
  Jose Chanfrau appealed the trial court's dismissal of his domestic violence injunction and the court's grant of a counter-injunction against him without an evidentiary hearing. The appellate court reversed, finding the trial court violated due process by dismissing Chanfrau's inj
• O'Neill v. Stone
  721 So. 2d 393· Fla. 2d DCA· 1998-11-13 ·cited 9×
  Robin O'Neill appeals a trial court order directing her to return to Florida with her infant child for visitation with the putative father, Charles Stone, in a domestic violence proceeding. The appellate court reversed, holding that the trial court abused its discretion by orderi
• Ditanna v. Edwards
  323 So. 3d 194· Fla. 4th DCA· 2021-06-30 ·cited 8×
  Appellant appeals a final judgment of injunction for protection against domestic violence, arguing he had legitimate purposes in reporting the appellee's conduct to authorities and third parties, and that the injunction violates his First Amendment rights. The appellate court par
• Curl v. Stacie L. Roberts
  279 So. 3d 765· Fla. 1st DCA· 2019-08-30 ·cited 8×
  A domestic violence injunction against a grandmother protecting a minor grandchild was improper because allegations of prior abuse of the mother, ending two to three years earlier, coupled with unfounded DCF reports and vague complaints of controlling behavior, do not satisfy the
• Branson v. Koren Rodriguez-Linares
  143 So. 3d 1070· Fla. 2d DCA· 2014-07-25 ·cited 8×
  The Florida Second District Court of Appeal affirmed a domestic violence injunction based on cyberstalking, holding that stalking constitutes an act of domestic violence under Florida law even without threats or physical violence. The court rejected the appellant's argument that
• Garrett v. Pratt
  128 So. 3d 928· Fla. 5th DCA· 2013-12-20 ·cited 8×
  The court held that an incarcerated party has a right to be heard in civil matters and was denied this right when not allowed to appear telephonically.
• In re Amendments to the Fla. Fam. Law Rules
  995 So. 2d 445· Fla.· 2008-10-16 ·cited 8×
  The Florida Supreme Court adopted amendments to the Florida Family Law Rules of Procedure to conform to Chapter 2008-61, Laws of Florida, which eliminated references to 'custody,' 'visitation,' and 'primary/secondary residential parent' and replaced them with 'parenting plan' ter
• T.M. v. Dep't of Child. & Families
  971 So. 2d 274· Fla. 4th DCA· 2008-01-08 ·cited 8×
  In this termination of parental rights case, the Florida Fourth District Court of Appeal affirmed the trial court's decision to terminate the mother's parental rights to her infant son after he sustained a serious femur fracture while in her care and in the presence of a history
• Coverdale v. State
  940 So. 2d 558· Fla. 2d DCA· 2006-10-27 ·cited 8×
  Keith Coverdale was convicted of aggravated stalking in violation of Florida law after allegedly violating a domestic violence injunction by repeatedly contacting his ex-partner. The appellate court reversed and remanded for a new trial, finding that the trial court abused its di
• Poliandro v. Springer
  899 So. 2d 441· Fla. 4th DCA· 2005-04-06 ·cited 8×
  A putative father appeals the trial court's dismissal of his paternity petition on grounds of forum non conveniens, arguing the court improperly transferred jurisdiction to Alabama without following required procedural safeguards. The appellate court agrees, finding the trial cou
• Farr v. Farr
  840 So. 2d 1166· Fla. 2d DCA· 2003-03-28 ·cited 8×
  The court affirmed a divorce judgment but reversed the dismissal of a domestic violence injunction due to lack of notice and due process, and struck a post-appeal order for rehearing that the trial court lacked jurisdiction to enter.
• D.M. v. J.D.M
  814 So. 2d 1112· Fla. 4th DCA· 2002-04-03 ·cited 8×
  The court affirmed the trial court's resolution of health care expenses but disagreed with the former wife's entitlement to the full amount of attorney's fees she incurred in enforcing the settlement agreement, as the agreement tied fees to default, not simply prevailing.