Domestic Violence Injunction

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

• Bond v. Bond
  917 So. 2d 268· Fla. 5th DCA· 2005-12-16 ·cited 4×
  A father sought an injunction for protection against domestic violence on behalf of his minor children against his parents (the children's grandparents) who attempted to remove the children from school. The trial court declined jurisdiction without hearing evidence on whether the
• Miryahya Adili v. Adili
  913 So. 2d 1240· Fla. 4th DCA· 2005-11-09 ·cited 4×
• Spalding v. Spalding
  907 So. 2d 1270· Fla. 5th DCA· 2005-08-05 ·cited 4×
  The Former Wife appealed the trial court's order suspending the Former Husband's child support obligation and life insurance requirement based on the child's failure to establish a meaningful relationship with him. The Florida District Court of Appeal reversed, holding that the c
• Swanson v. Swanson
  888 So. 2d 117· Fla. 4th DCA· 2004-11-24 ·cited 4×
  The court held that the trial court abused its discretion by modifying 'no contact' provisions sua sponte and by suspending child support without sufficient evidence of a permanent and involuntary change in circumstances.
• Amendments to Fla. Supreme Court Approved Fam. Law Forms-Sexual Violence Forms
  871 So. 2d 113· Fla.· 2004-03-25 ·cited 4×
  The Court approved amendments to Florida Supreme Court Approved Family Law Forms by deleting Form 12.980(a) (fee-waiver form), creating three new forms for sexual violence protection (Forms 12.980(q), (r), (s)), and amending numerous existing domestic and repeat violence forms to
• Gaspard v. State
  848 So. 2d 1161· Fla. 1st DCA· 2003-04-03 ·cited 4×
  Ronald Gaspard was convicted of aggravated stalking after violating a domestic violence injunction. The court reversed his conviction, holding that knowledge of the injunction's existence is an essential element of the offense that must be submitted to the jury, and the trial cou
• Taylor v. Taylor
  831 So. 2d 240· Fla. 2d DCA· 2002-11-06 ·cited 4×
  The court held that a trial court cannot issue directives for exclusive use of a residence and no contact between parties after dismissing a domestic violence injunction for lack of evidence.
• Cervieri v. Cervieri
  814 So. 2d 528· Fla. 4th DCA· 2002-04-24 ·cited 4×
  The trial court reversed a domestic violence injunction and modified custody of a minor child based on a modification request the husband had no notice of and no opportunity to address, violating basic procedural due process. The appellate court reversed because the trial court f
• Rosenthal v. Roth
  816 So. 2d 667· Fla. 3d DCA· 2002-03-13 ·cited 4×
  Sheldon Rosenthal appealed a domestic violence injunction entered against him by his sister, Jacqueline Roth, arising from a physical altercation at their mother's hospital. The court affirmed the injunction, holding that siblings related by blood fall within Florida's domestic v
• White v. Cannon
  778 So. 2d 467· Fla. 3d DCA· 2001-02-21 ·cited 4×
  The court held that the trial court erred by dismissing a domestic violence injunction without affording the wife due notice and an opportunity to be heard, violating her statutory and due process rights.
• Jodie H. Kokoris v. Zipnick
  738 So. 2d 369· Fla. 4th DCA· 1999-06-16 ·cited 4×
  The court held that one week of residing together in the same single dwelling unit is sufficient to meet the statutory requirements for issuing a domestic violence injunction.
• Bonilla v. Bonilla
  739 So. 2d 108· Fla. 3d DCA· 1999-06-11 ·cited 4×
  The court held that the trial court erred in awarding exclusive use of the marital home to the wife without provisions for its upkeep, given the parties' financial inability to maintain it and pending foreclosure.
• Rivkind v. Patterson
  672 So. 2d 819· Fla.· 1996-04-18 ·cited 4×
  The court held that the successive monthly assignments of county court judges to hear domestic violence injunctions are lawful temporary assignments, not an unlawful usurpation of circuit court jurisdiction.
• Wells v. State
  654 So. 2d 145· Fla. 3d DCA· 1995-01-25 ·cited 4×
  The Florida Third District Court of Appeal denies the State's motion to transfer a contempt appeal to circuit court, holding that the circuit court properly exercised jurisdiction over indirect criminal contempt proceedings for violations of domestic violence injunctions under se
• Shields v. Shields
  636 So. 2d 169· Fla. 2d DCA· 1994-04-27 ·cited 4×
  Roger Shields was convicted of indirect criminal contempt for allegedly violating a domestic violence injunction by placing a personal notice in a newspaper. The appellate court reversed, finding insufficient evidence that Shields actually placed the notice.
• Crippen v. Crippen
  610 So. 2d 686· Fla. 1st DCA· 1992-12-18 ·cited 4×
  A Florida appellate court affirmed a one-year extension of a domestic violence protective injunction against the husband's argument that Florida should have relinquished jurisdiction to Wisconsin under the Uniform Child Custody Jurisdiction Act (UCCJA). The court held that Florid
• Evans v. Evans
  599 So. 2d 205· Fla. 2d DCA· 1992-05-08 ·cited 4×
  The court held that a stepmother, not residing in the same dwelling unit as her stepson, was not authorized by the statute to seek an injunction for protection against domestic violence.
• Leyte-Vidal v. Leyte-Vidal
  350 So. 3d 79· Fla. 4th DCA· 2022-10-26 ·cited 3×
• Basheera Aliyah Walton Brooks v. Basdeo
  336 So. 3d 423· Fla. 5th DCA· 2022-04-01 ·cited 3×
  A trial court violates a defendant's due process rights by admitting and relying upon testimony regarding an unpled incident of domestic violence that was not alleged in the petition.
• Kendrick v. Glover
  315 So. 3d 159· Fla. 1st DCA· 2021-04-09 ·cited 3×
  The appellate court reversed a domestic violence injunction, finding the evidence insufficient to prove stalking. The court held that the alleged actions, such as serving court documents at a new address and reporting potential false affidavits, served legitimate purposes and did
• Kyle v. Carter
  290 So. 3d 640· Fla. 1st DCA· 2020-02-19 ·cited 3×
  The appellate court reversed an order modifying child timesharing due to insufficient pleadings and lack of factual findings, but dismissed the appeal of a prior contempt order as untimely. The case highlights the procedural requirements for modification petitions and the necessi
• Musgrave v. Musgrave
  290 So. 3d 536· Fla. 2d DCA· 2019-11-27 ·cited 3×
  The trial court abused its discretion in awarding sole parental responsibility to the Wife where she never requested it and there was no competent, substantial evidence that shared parental responsibility would be detrimental to the children, despite Florida's strong public polic
• Douglas v. Douglas
  252 So. 3d 791· Fla. 2d DCA· 2018-08-01 ·cited 3×
  An injunction for protection against domestic violence cannot be granted based on fear alone unless the danger feared is imminent and the rationale for the fear is objectively reasonable, supported by competent, substantial evidence of threatened or actual violence rather than me
• Sager v. Hatice Holgren
  250 So. 3d 793· Fla. 1st DCA· 2018-06-28 ·cited 3×
  An adult parent's petition for a domestic violence injunction on behalf of a minor child is governed by section 741.30, which prohibits attorney's fees awards, even when filed on the child's behalf rather than the parent's own behalf.
• Vitale v. Holmes
  229 So. 3d 832· Fla. 4th DCA· 2017-11-01 ·cited 3×
  The Fourth District Court of Appeal reversed a circuit court's summary denial of a cyberstalking/stalking protection petition, holding that the court was required to either hold a hearing or provide a detailed explanation of the deficiencies before denying the petition.
• Forssell v. Forssell
  188 So. 3d 880· Fla. 4th DCA· 2016-01-06 ·cited 3×
  A father appeals orders suspending his time-sharing with minor children and denying a joint motion to vacate a domestic violence injunction. The court partially affirmed the suspension but reversed it in part for failure to specify reinstatement steps, and reversed the denial of
• Mantell v. Rocke
  179 So. 3d 511· Fla. 1st DCA· 2015-11-24 ·cited 3×
  Stephen Mantell appeals a domestic violence injunction issued against him. The court reverses the injunction because the appellee presented no evidence at the hearing to support her petition, and even if she had testified about two drive-bys and statements made 5.5 years after a
• Bush v. Henney
  175 So. 3d 930· Fla. 4th DCA· 2015-10-07 ·cited 3×
  Florida appellate court reversed the denial of a motion to dissolve a 14-year-old domestic violence injunction where the appellant had never violated it, had no contact with the appellee, and the underlying circumstances no longer existed.
• Hawxhurst v. State
  159 So. 3d 1012· Fla. 3d DCA· 2015-03-25 ·cited 3×
  The court held that an arrest is valid if probable cause exists for any offense, even if the arresting officer believed probable cause existed for a different offense.
• Hair v. Cammy Hair
  159 So. 3d 984· Fla. 4th DCA· 2015-03-18 ·cited 3×
  The Fourth District Court of Appeal reversed a domestic violence injunction, holding that a daughter's unwillingness to see or interact with her mother, absent evidence of actual domestic violence or imminent danger, does not constitute sufficient grounds for a protective order.
• Paris Destinee Cannon v. Thomas
  133 So. 3d 634· Fla. 1st DCA· 2014-03-12 ·cited 3×
  The court reversed a permanent injunction for protection against repeat violence issued against Cannon, holding that Florida Statute § 784.046(2) unambiguously requires proof of two acts of violence, not one, even when a parent seeks the injunction on behalf of a minor child. Alt
• Katheryn Curtis v. Curtis
  113 So. 3d 993· Fla. 5th DCA· 2013-04-12 ·cited 3×
  The trial court erred in denying a petition for an injunction for protection against domestic violence without holding an evidentiary hearing.
• Susann E. Nogales v. Countrywide Home Loans, Inc.
  100 So. 3d 1161· Fla. 2d DCA· 2012-09-28 ·cited 3×
  A late-filed appeal is not the proper procedure to seek relief from a void order, and the time to file an appeal is not extended even if the order is void ab initio.
• Morris v. Mascia
  97 So. 3d 278· Fla. 5th DCA· 2012-09-07 ·cited 3×
  The court held that the petitioner failed to prove he was a family or household member as defined by statute, thus lacking standing to seek a domestic violence injunction.
• S.C. v. A.D.
  67 So. 3d 346· Fla. 2d DCA· 2011-07-15 ·cited 3×
  The court held that a new domestic violence injunction cannot be issued based solely on a prior incident from years ago and misinformation about an existing injunction, especially when there is no current threat or objectively reasonable fear of imminent danger.
• Miller v. State
  4 So. 3d 732· Fla. 1st DCA· 2009-02-27 ·cited 3×
  The court held that a special jury instruction defining "maliciously" as disregarding an injunction effectively removed an element of aggravated stalking, thereby prejudicing the defendant.
• Dudley v. Schmidt
  963 So. 2d 297· Fla. 5th DCA· 2007-08-10 ·cited 3×
  Florida appellate court affirmed that attorney's fees cannot be awarded in domestic violence injunction proceedings under section 741.30, regardless of allegedly false statements by the opposing party.
• Small v. Darlanne Fluegel-Small
  943 So. 2d 897· Fla. 5th DCA· 2006-12-01 ·cited 3×
  The appellate court affirmed the trial court's non-final order temporarily granting sole parental responsibility and limiting visitation, finding no abuse of discretion.
• Laurance Costanzo v. Costanzo
  941 So. 2d 1211· Fla. 3d DCA· 2006-11-15 ·cited 3×
  Mr. Costanzo appealed the trial court's denial of his motion to dissolve a domestic violence injunction obtained by his sister, Ms. Costanzo. The court affirmed, holding that siblings related by blood who have resided together in the past qualify as family or household members un
• Sharpe v. Sharpe
  695 So. 2d 1302· Fla. 5th DCA· 1997-06-27 ·cited 3×
  Douglas Sharpe appeals a domestic violence injunction granted to his sister-in-law, Michelle Sharpe. The court reverses, holding that the statutory definition of domestic violence requires that the parties reside or have resided in the same dwelling unit, and because Michelle fai
• Snyder v. Snyder
  685 So. 2d 1320· Fla. 2d DCA· 1996-02-16 ·cited 3×
  The court held that the trial court erred by denying the appellant due process and failing to fully consider the best interests of the child when awarding temporary custody to the paternal grandmother.
• Gonzalez v. State
  419 So. 3d 1194· Fla. 3d DCA· 2025-09-10 ·cited 2×
  A sentence is not vindictive when the trial court acts as an impartial arbiter, explains its sentencing rationale based on legitimate factors such as victim impact and the defendant's institutional conduct, and does not impose an increased sentence solely because the defendant ex
• In re Amendments to Fla. Fam. Law Rules of Procedure
  389 So. 3d 1282· Fla.· 2024-06-27 ·cited 2×
  The Florida Supreme Court approved amendments to five Florida Family Law Rules of Procedure, recommended unanimously by The Florida Bar's Board of Governors. The amendments address conditional sealing of financial information, jury instructions references, deadlines for motions t
• Pipher v. Pipher
  364 So. 3d 1134· Fla. 6th DCA· 2023-05-26 ·cited 2×
• Rymsley Devalon v. Isiss Sutton
  344 So. 3d 30· Fla. 4th DCA· 2022-07-27 ·cited 2×
  The appellate court reversed an injunction for protection against domestic violence because the trial court erroneously failed to consider a police report. The police report contained a statement from the petitioner that omitted a key detail about the alleged assault, which could
• Cassidy S. Miller v. Mitchell
  328 So. 3d 1067· Fla. 3d DCA· 2021-10-06 ·cited 2×
  A mother sought a writ of prohibition to prevent a Florida trial court from exercising jurisdiction in a paternity action, arguing that New Jersey was the child's home state under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The Third District Court of App
• Gavin D. Caddy v. Sue-Ann N. Robinson
  Fla. 4th DCA· 2021-06-30 ·cited 2×
  Appellant challenges a 2020 final judgment granting a domestic violence injunction against him and awarding his ex-wife 100% timesharing and sole decision-making authority over their two minor children. The court affirmed the issuance of the DV injunction based on competent, subs
• Price v. Taylor
  298 So. 3d 654· Fla. 4th DCA· 2020-06-10 ·cited 2×
  When a domestic violence injunction is effectively entered ex parte because the opposing party did not have an opportunity to testify at the initial hearing through no fault of his own, he may challenge the initial grant of the injunction on a motion to dissolve and present evide
• Yaklin v. Yaklin
  296 So. 3d 531· Fla. 2d DCA· 2020-05-08 ·cited 2×
  The appellate court reversed a domestic violence injunction against Kent Yaklin, finding that his ex-wife Ashley failed to present sufficient evidence of current or imminent danger. The court emphasized that past allegations were too remote and unsubstantiated, and a recent incid
• Whitlock v. Veltkamp
  296 So. 3d 528· Fla. 1st DCA· 2020-05-06 ·cited 2×
  The appellate court affirmed a trial court's injunction against domestic violence, finding sufficient evidence of stalking to meet the statutory definition. The court also upheld the firearm prohibition and temporary child timesharing provisions.