Domestic Violence Injunction

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

• Spiegel v. Haas
  697 So. 2d 222· Fla. 3d DCA· 1997-07-30 ·cited 8×
  The court held that a trial court's discretion to extend a domestic violence injunction requires a reasonable basis for the petitioner's continued fear, not just the petitioner's professed fear.
• Criselda Lopez v. The Honorable E. Randolph Bentley as Cir. Judge of the Tenth Jud. Cir.
  660 So. 2d 1138· Fla. 2d DCA· 1995-09-13 ·cited 8×
  Criselda Lopez petitioned for a writ of prohibition to prevent the trial court from proceeding with an indirect criminal contempt hearing for allegedly violating a domestic violence injunction. The court denied the petition, holding that trial courts retain inherent constitutiona
• Wells v. State
  654 So. 2d 146· Fla. 3d DCA· 1995-04-19 ·cited 8×
  Robert Wells was convicted of indirect criminal contempt for violating a domestic violence injunction. The Florida Third District Court of Appeal reversed his conviction, finding that the trial court erred by excluding relevant evidence regarding a subsequent court order that pla
• Trowell v. Meads
  618 So. 2d 351· Fla. 1st DCA· 1993-05-17 ·cited 8×
  Florida appellate court reversed a permanent restraining order for domestic violence where the trial court found assault based solely on a telephone call from an involuntarily committed hospital patient, holding that no evidence established the statutory elements of assault or do
• Oldham v. Hillary E. Greene
  263 So. 3d 807· Fla. 1st DCA· 2018-12-27 ·cited 7×
  An order compelling psychological examination under Florida Family Law Rule of Procedure 12.360 must include factual findings establishing both that the party's mental condition is "in controversy" and that "good cause" exists for the examination, and must specify the time, place
• Robinson v. Noemi Robinson
  257 So. 3d 1187· Fla. 5th DCA· 2018-11-02 ·cited 7×
  An injunction for protection against domestic violence must be supported by competent substantial evidence showing either that the petitioner is a victim of domestic violence as defined by statute or has reasonable cause to believe she is in imminent danger of becoming one; the e
• Zarudny v. Zarudny
  241 So. 3d 258· Fla. 3d DCA· 2018-03-28 ·cited 7×
  The trial court's final domestic violence injunction was supported by competent, substantial evidence where the wife testified to physical abuse, threats, controlling behavior involving substance abuse, and prior violence, demonstrating her objectively reasonable fear of imminent
• Kunkel v. Stanford
  137 So. 3d 608· Fla. 4th DCA· 2014-05-07 ·cited 7×
  Appellant challenges an injunction for protection against domestic violence entered on behalf of his minor granddaughter. The court reverses, finding insufficient evidence that the granddaughter was either a victim of domestic violence or in imminent danger of becoming one, and t
• Wolf v. Wolf
  979 So. 2d 1123· Fla. 2d DCA· 2008-04-11 ·cited 7×
  Mary Wolf appeals the trial court's final judgment of dissolution of her 36-year marriage, challenging the equitable distribution of marital assets. The appellate court affirmed the distribution of four properties but reversed and remanded regarding omitted rental income from two
• Kopelovich v. Kopelovich
  793 So. 2d 31· Fla. 2d DCA· 2001-04-06 ·cited 7×
  Joseph Kopelovich appealed three domestic violence injunctions entered against him by a trial court, arguing they were improperly issued without sufficient evidence of immediate and present danger of domestic violence. The Second District Court of Appeal reversed all three injunc
• Biggs v. Elliot
  707 So. 2d 1202· Fla. 4th DCA· 1998-04-15 ·cited 7×
• Kaye v. Shana Wilson
  363 So. 3d 1155· Fla. 2d DCA· 2023-06-23 ·cited 6×
  The appellate court reversed an order extending a domestic violence injunction, finding insufficient evidence that the petitioner suffered substantial emotional distress or had a reasonable fear of imminent domestic violence. The court emphasized the need for objective evidence o
• Faddis v. Luddy
  221 So. 3d 758· Fla. 3d DCA· 2017-06-14 ·cited 6×
  Michael Faddis appeals a final judgment granting an injunction for protection against domestic violence filed by his ex-girlfriend Katherine Luddy. The court affirmed the injunction, holding that sufficient evidence of domestic violence existed based on the trial court's credibil
• Kahlifi McGEE v. McGEE
  145 So. 3d 955· Fla. 1st DCA· 2014-08-26 ·cited 6×
  The court held that the trial court erred in transferring venue to Miami-Dade County because it was not a county where the action could have initially been brought.
• Ranisha Baker v. Cartessma Pucket
  139 So. 3d 954· Fla. 4th DCA· 2014-06-04 ·cited 6×
  Baker appeals the trial court's summary denial of her motion to vacate a permanent domestic violence injunction entered in 2011. The Fourth District reversed, holding that Baker's allegations of no contact since 2011 and incarceration preventing work release participation were su
• Ines Orta v. Suarez
  66 So. 3d 988· Fla. 3d DCA· 2011-06-29 ·cited 6×
  Ines Orta appealed the trial court's denial of her request to relocate to California with the parties' minor child. The appellate court reversed, finding that Orta satisfied her burden of proving relocation was in the child's best interest under Florida's relocation statute, and
• Cisneros v. Cisneros
  831 So. 2d 257· Fla. 3d DCA· 2002-11-27 ·cited 6×
  In a dissolution of marriage appeal, the Florida Third District Court of Appeal reversed the trial court's award of a special equity in the wife's non-marital property to the husband and the award of attorney's fees under section 57.105, while affirming the award of attorney's fe
• Hill v. Carissa Fields
  813 So. 2d 212· Fla. 2d DCA· 2002-04-03 ·cited 6×
  Lawrence Hill II appealed a temporary domestic violence injunction entered against him in Pasco County, challenging venue. The court reversed because the petition for domestic violence injunction was filed in the wrong county under Florida's general venue statute, and remanded fo
• Schneck v. State
  764 So. 2d 898· Fla. 5th DCA· 2000-08-11 ·cited 6×
  The court held that the defendant willfully violated a substantial condition of his probation by harassing his former wife, even if his interpretation of contact allowed for visitation arrangements.
• Baumgartner v. Sibylle Baumgartner
  691 So. 2d 488· Fla. 2d DCA· 1997-02-17 ·cited 6×
  The court affirmed the domestic violence injunction but reversed provisions regarding child custody and passport retention, remanding for a hearing on German court orders and international law.
• REY v. Perez-Gurri
  662 So. 2d 1328· Fla. 3d DCA· 1995-11-08 ·cited 6×
  The court held that section 741.30 does not require proof of an actual assault to obtain an injunction for protection against domestic violence, only reasonable cause to believe one is imminent.
• Burkhalter v. Burkhalter
  634 So. 2d 761· Fla. 1st DCA· 1994-03-31 ·cited 6×
  Ann Burkhalter appeals a circuit court order relinquishing jurisdiction over child custody to North Carolina under the Uniform Child Custody Jurisdiction Act. The court addresses disputes about the appellate record and remands to the trial court to supplement the record with deta
• Lonsdale v. Elbanna
  318 So. 3d 632· Fla. 2d DCA· 2021-10-01 ·cited 5×
  The appellate court reversed a trial court's order modifying a father's timesharing with his daughter. The modification order was flawed because it did not explicitly state the required findings of a substantial change in circumstances and that the modification was in the child's
• Magloire v. Dijana Obrenovic
  308 So. 3d 258· Fla. 2d DCA· 2020-12-11 ·cited 5×
  The appellate court reversed a domestic violence injunction, finding that the alleged acts of abuse were too remote in time and not supported by sufficient evidence of imminent danger. The court emphasized that past incidents alone, without recent threats or a reasonable fear of
• Sumners v. Thompson
  271 So. 3d 1232· Fla. 1st DCA· 2019-05-13 ·cited 5×
  Sumners appeals a trial court's issuance of a one-year injunction for protection against dating violence sought by Thompson after he persistently contacted her following their breakup and made an unannounced visit to her home. The appellate court affirmed the existence of a datin
• Trice v. Trice
  267 So. 3d 496· Fla. 2d DCA· 2019-03-20 ·cited 5×
  A party seeking to dissolve a domestic violence injunction must show a change in circumstances such that the scenario underlying the injunction no longer exists and continuation would serve no valid purpose. Where the movant established geographic separation, six years without co
• In re Amendments TO the Fla. Fam. LAW Rules OF Procedure-2017 Regular-Cycle Report
  227 So. 3d 115· Fla.· 2017-10-05 ·cited 5×
  The Florida Supreme Court adopted amendments to the Florida Family Law Rules of Procedure and forms for the 2017 regular cycle, with certain modifications. The Court approved changes to rules addressing documents supporting pleadings, case management conferences, confidentiality
• Jacquot v. Jacquot
  183 So. 3d 1158· Fla. 5th DCA· 2015-12-31 ·cited 5×
  David Jacquot appealed the denial of his motion for relief from a final judgment of injunction for protection against domestic violence, claiming the motion was moot because the injunction had expired. The Fifth District Court of Appeal reversed, holding that expired domestic vio
• Fuccio v. Palma Durso
  48 So. 3d 1013· Fla. 5th DCA· 2010-12-03 ·cited 5×
  Luigi Fuccio appealed a permanent injunction for protection against domestic violence entered against him. The appellate court reversed because the appellee failed to prove the statutory requirement that the parties resided together in the same dwelling unit, and the trial court
• Moore v. Pattin
  983 So. 2d 663· Fla. 4th DCA· 2008-05-28 ·cited 5×
  A father appeals an injunction for protection against domestic violence issued after he repeatedly spanked his ten-year-old daughter with a belt and shoe while forcing her to remove her clothing. The court affirmed the injunction, holding that the father's conduct constituted exc
• Patterson v. Simonik
  709 So. 2d 189· Fla. 3d DCA· 1998-04-29 ·cited 5×
  The court held that extensions of injunctions for repeat violence are not automatic and require a showing of continuing reasonable fear, consistent with prior case law on domestic violence injunctions.
• Malone v. Malone
  368 So. 3d 1057· Fla. 1st DCA· 2023-08-09 ·cited 4×
  A domestic violence injunction must be reversed when the petitioner fails to prove the respondent's conduct constitutes harassment or stalking as defined by statute, specifically where the alleged conduct was not directed at the petitioner and served a legitimate purpose.
• Fingers v. Angelicia Fingers
  353 So. 3d 1283· Fla. 5th DCA· 2023-01-20 ·cited 4×
  A domestic violence injunction must be supported by competent, substantial evidence demonstrating that the petitioner has an objectively reasonable fear of imminent danger. Threats made more than one year before filing the petition are too remote in time to support an injunction
• Fahad A.A.M.A. Alobaid v. Saba Khan
  306 So. 3d 159· Fla. 3d DCA· 2020-05-27 ·cited 4×
  The appellate court affirmed a domestic violence injunction and temporary time-sharing plan against a husband residing in Kuwait. The court found sufficient personal jurisdiction over the husband due to his presence in Florida when served and a past incident of domestic violence
• Hobbs v. Hobbs
  290 So. 3d 1092· Fla. 1st DCA· 2020-02-27 ·cited 4×
  A party moving to dissolve a domestic violence injunction must demonstrate that the circumstances underlying the injunction no longer exist so that continuation would serve no valid purpose, and the court must find that the victim no longer reasonably maintains a continuing fear
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2018-10.
  259 So. 3d 765· Fla.· 2018-12-13 ·cited 4×
  The Florida Supreme Court authorized amendments to seven standard jury instructions in criminal cases, primarily adding the concept of "possession" to various property crime offenses and updating statutory citations to reflect repealed statutes.
• Kasey Caldwell v. Emily Caldwell O/B/O of K.C.
  257 So. 3d 1184· Fla. 5th DCA· 2018-11-02 ·cited 4×
  An injunction for protection against domestic violence may be issued under section 741.30 based on a minor child's direct testimony of sexual battery committed by a parent, without requiring the petitioning parent to be an eyewitness or provide direct physical evidence, as sectio
• Molina v. Valenzuela
  252 So. 3d 772· Fla. 4th DCA· 2018-05-16 ·cited 4×
  An appeal of an expired injunction for protection against stalking is moot when none of the three exceptions to the mootness rule—questions of great public importance, likelihood of recurrence, or collateral legal consequences—apply.
• Rabih Yacomb Youssef v. Issrra Osman Zaitouni
  241 So. 3d 901· Fla. 2d DCA· 2018-02-14 ·cited 4×
  Rabih Youssef appealed the trial court's grant of a temporary domestic violence injunction against him, arguing the court lacked personal jurisdiction. The Second District Court of Appeal agreed, finding that Youssef's minimal contacts with Florida—vacations, family residence, an
• Rosaler v. Rosaler
  226 So. 3d 911· Fla. 4th DCA· 2017-08-30 ·cited 4×
  In a dissolution of marriage case, the trial court awarded the former wife only partial attorney's fees despite her need and the former husband's ability to pay, based on her litigation misconduct including false abuse allegations. The appellate court affirmed, holding that a tri
• Newsom v. Newsom
  221 So. 3d 1265· Fla. 1st DCA· 2017-07-06 ·cited 4×
  The Florida First District Court of Appeal reversed a domestic violence injunction entered against a former husband, holding that the trial court violated due process by entering a final injunction without providing the defendant an opportunity to be heard and without receiving a
• Hall v. Lopez
  213 So. 3d 1003· Fla. 1st DCA· 2016-07-28 ·cited 4×
  Sean Hall appealed a trial court's denial of his motion for attorney's fees under Florida Statute 57.105 in a repeat violence injunction action. The First District Court of Appeal reversed, holding that section 57.105 attorney's fees are not prohibited in actions under section 78
• Ekaterina Chizh v. Stanislaw Chizh
  199 So. 3d 1050· Fla. 4th DCA· 2016-07-13 ·cited 4×
• Pryor v. Pryor
  141 So. 3d 1279· Fla. 1st DCA· 2014-07-22 ·cited 4×
  Amanda Pryor appeals an order extending a temporary injunction for domestic violence protection that had already expired by the time of appeal. The court vacates the extension order and the temporary injunction itself, dismissing the appeal as moot while acknowledging the collate
• Rachell Neuman v. Harper
  106 So. 3d 974· Fla. 5th DCA· 2013-02-08 ·cited 4×
  The court held that competent substantial evidence supported the trial court's judgment establishing paternity, ordering shared parental responsibility, and awarding majority time-sharing, and thus affirmed the judgment.
• Johns v. Johns
  101 So. 3d 377· Fla. 1st DCA· 2012-10-10 ·cited 4×
  The appellate court reversed a domestic violence injunction against Francis M. Johns because the trial court failed to conduct a full evidentiary hearing as required by statute, depriving her of procedural due process. The court held that both parties must have a reasonable oppor
• In re Amendments to the Florida Rules of Civil Procedure-Management of Cases Involving Complex Litigation
  30 So. 3d 477· Fla.· 2009-10-15 ·cited 4×
  The Florida Supreme Court adopted amendments to civil and family law procedural forms and rules in response to comments received on proposed amendments to manage complex litigation cases. The Court modified the Civil Cover Sheet (Form 1.997), Final Disposition Form (Form 1.998),
• Reiss v. Reiss
  17 So. 3d 849· Fla. 3d DCA· 2009-09-02 ·cited 4×
  Michael Reiss appealed a trial court's dismissal of his petition for an injunction for protection against domestic violence against his brother David Reiss. The court affirmed the dismissal, holding that the trial court did not abuse its discretion in finding insufficient evidenc
• State v. Rothwell
  981 So. 2d 1279· Fla. 1st DCA· 2008-05-27 ·cited 4×
  The prosecution of a felony battery charge is not barred by double jeopardy principles, even if the defendant was previously held in criminal contempt for violating a domestic violence injunction based on the same underlying battery.
• Maris Marie Geiger v. Schrader
  926 So. 2d 432· Fla. 1st DCA· 2006-03-27 ·cited 4×