Domestic Violence Injunction

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

• Hart v. Griffis
  288 So. 3d 770· Fla. 1st DCA· 2020-01-15 ·cited 2×
  Communications to court administrators and the State Attorney regarding legitimate concerns about school enrollment and alleged fraud do not constitute stalking or harassment sufficient to support an injunction for protection against domestic violence, even if they cause emotiona
• De Hoyos v. Julia Bauerfeind as Natural Guardian of Jan De Hoyos Bauerfeind
  286 So. 3d 900· Fla. 1st DCA· 2019-12-16 ·cited 2×
  The appellate court reversed a domestic violence injunction against a father, finding that the trial court improperly admitted hearsay statements from the child without first determining their reliability under Florida's child hearsay exception statute. The court held that withou
• Woolley v. Nelsen
  183 So. 3d 476· Fla. 2d DCA· 2016-01-20 ·cited 2×
  Florida appellate court reversed summary denial of motion to dissolve dating violence protective injunction, holding that due process requires a hearing when incarceration may render the injunction's purpose moot.
• Bennett v. Abdo
  167 So. 3d 522· Fla. 5th DCA· 2015-07-02 ·cited 2×
• Konoski v. Dariush Shekarkhar
  146 So. 3d 89· Fla. 3d DCA· 2014-08-27 ·cited 2×
  Jason Konoski appealed from a final judgment of injunction for protection against domestic violence, arguing the judgment lacked evidentiary support and that the trial court improperly excluded his cross-examination testimony. The Florida District Court of Appeal affirmed the inj
• Smith v. Manno
  138 So. 3d 1143· Fla. 5th DCA· 2014-05-16 ·cited 2×
  Stacy Smith appealed the dismissal of her petition for a domestic violence injunction against Philip Manno. The trial court dismissed the petition without holding an evidentiary hearing, citing pending criminal charges against Manno with bond conditions already protecting Smith.
• Jamila Takiyak Hunter v. Booker
  133 So. 3d 623· Fla. 1st DCA· 2014-03-07 ·cited 2×
  Hunter sought a writ of prohibition to challenge a trial court order that dismissed her domestic violence injunction petition but nonetheless imposed a temporary parenting plan with rotating custody. The appellate court granted the petition for writ of certiorari, holding that th
• In re Amendments TO the Fla. Rules OF Jud. Admin. In re Amendments to the Fla. Fam. Law Rules of Procedure
  132 So. 3d 1114· Fla.· 2014-01-16 ·cited 2×
  The Florida Supreme Court adopts amendments to the Florida Rules of Judicial Administration and Family Law Rules of Procedure to implement the unified family court model, ensuring that related family cases are properly coordinated, all parties receive notice of related proceeding
• Fernandez v. Wright
  111 So. 3d 229· Fla. 2d DCA· 2013-04-10 ·cited 2×
  The court held that a permanent modification of the parenting plan was improper when the trial court orally stated it was temporary, and attorney's fees for domestic violence injunction cases cannot be awarded under the statute.
• COX v. Racquia Deacon
  82 So. 3d 827· Fla. 4th DCA· 2011-04-06 ·cited 2×
  Florida appellate court affirmed a permanent domestic violence injunction, rejecting the appellant's claims that he lacked notice and that the injunction exceeded statutory duration limits.
• Sanchez v. Mirna G. Sanchez
  48 So. 3d 199· Fla. 2d DCA· 2010-12-01 ·cited 2×
  Sergio Sanchez appeals a domestic violence injunction issued in favor of his estranged wife, Mirna Sanchez. The appellate court reversed the injunction, finding that the evidence was insufficient to demonstrate that Mirna had reasonable cause to believe she was in imminent danger
• Muse v. Muse
  27 So. 3d 232· Fla. 2d DCA· 2010-02-17 ·cited 2×
  Leah Muse appeals a domestic violence injunction entered against her on behalf of minor children. The court reversed the injunction, holding that the petitioner's subjective fear of potential harm without evidence of actual domestic violence or imminent danger is insufficient und
• Seffernick v. Meriwether
  960 So. 2d 851· Fla. 2d DCA· 2007-07-06 ·cited 2×
  The court held that the trial court erred in issuing an injunction for protection against domestic violence due to insufficient evidence of domestic violence or imminent danger.
• Thakima A. Shakes v. Whitelocke
  922 So. 2d 1076· Fla. 5th DCA· 2006-03-17 ·cited 2×
  The mother appeals a trial court's amendment to a domestic violence injunction order that was entered without notice to her. The appellate court reversed, holding that injunction orders cannot be amended ex parte without notice and opportunity to be heard, relying on binding prec
• Traughber v. Traughber
  941 So. 2d 388· Fla. 2d DCA· 2006-01-04 ·cited 2×
  The court held that the final domestic violence injunction must be reversed because the respondent did not receive reasonable notice of the final hearing.
• Coleman v. Coleman
  906 So. 2d 1267· Fla. 3d DCA· 2005-07-27 ·cited 2×
  The court held that a trial court lacks jurisdiction to grant exclusive use and possession of a marital residence under section 741.30, Florida Statutes, after denying the petition for a domestic violence injunction.
• Harrison v. Francisco
  884 So. 2d 239· Fla. 2d DCA· 2004-08-06 ·cited 2×
  Harrison appeals the trial court's summary denial of his motion to tax costs after his former wife voluntarily dismissed a domestic violence injunction petition. The court reversed, holding that the trial court must hold an evidentiary hearing to determine which costs are taxable
• Sumner v. Sumner
  862 So. 2d 93· Fla. 2d DCA· 2003-11-19 ·cited 2×
  The court held that the trial court erred in its equitable distribution scheme by omitting assets and failing to make findings, and in dismissing a domestic violence injunction request without a hearing.
• Spaulding Hunter, Jr. v. State
  855 So. 2d 677· Fla. 2d DCA· 2003-09-26 ·cited 2×
  The court held that the State failed to prove beyond a reasonable doubt that the defendant intentionally violated the domestic violence injunction by being terminated from a batterer's intervention program.
• Amendment to the Fla. Fam. Law Rules of Procedure
  845 So. 2d 174· Fla.· 2003-05-01 ·cited 2×
  The Florida Supreme Court approved amendments to Florida Family Law Rule of Procedure 12.610 governing injunctions for domestic and repeat violence. The amendments clarify judicial procedures, authorize case management assistance by court staff, require judges to make key safety
• Vincente L. Wooten v. Zandra Jackson
  812 So. 2d 609· Fla. 1st DCA· 2002-04-10 ·cited 2×
  The court reversed an injunction for protection against domestic violence because the trial court denied the appellant his constitutional right to due process by failing to hold a full evidentiary hearing before entering the permanent injunction.
• Rudolf Schmidt v. Hunter
  788 So. 2d 322· Fla. 2d DCA· 2001-05-23 ·cited 2×
  Rudolf Schmidt appeals a contempt of court conviction and fifteen-day jail sentence for violating a domestic violence injunction. The Florida appellate court reversed because the final contempt hearing was not reported, preventing meaningful appellate review of whether polygraph
• Abuchaibe v. Paola Andrea Abuchaibe
  751 So. 2d 1257· Fla. 3d DCA· 2000-03-15 ·cited 2×
  A Florida appellate court reversed a domestic violence injunction and contempt order against a Colombian-resident father, holding that the trial court lacked jurisdiction to award custody of the parties' child because the child had no significant connection with Florida and the f
• Lawrence v. Walker
  751 So. 2d 68· Fla. 4th DCA· 1999-11-17 ·cited 2×
• Suarez-Mesa v. State
  722 So. 2d 843· Fla. 2d DCA· 1998-11-06 ·cited 2×
  Suarez-Mesa was convicted of first-degree murder and other crimes related to the death of his estranged wife. The appellate court reversed his convictions for first-degree murder and burglary because the trial court erred in admitting a prejudicial videotape of an unrelated bond
• Shalonda Washington v. Hon. Warren Burk
  704 So. 2d 540· Fla. 5th DCA· 1997-01-03 ·cited 2×
  Shalonda Washington sought a writ of prohibition to bar her trial for indirect criminal contempt of violating a domestic violence injunction, arguing the speedy trial rule barred the prosecution because the 90-day period had expired. The court receded from prior precedent and hel
• Patterson v. The Honorable Leonard Rivkind
  672 So. 2d 826· Fla. 3d DCA· 1995-10-25 ·cited 2×
  The court held that the exclusive and perpetual assignment of county court judges to hear domestic violence injunction cases unlawfully usurps circuit court jurisdiction.
• Williams v. State
  658 So. 2d 665· Fla. 4th DCA· 1995-08-02 ·cited 2×
  A defendant held in contempt for violating a domestic violence injunction may be prosecuted for a substantive offense stemming from the same conduct.
• McCRAY v. State
  640 So. 2d 1215· Fla. 5th DCA· 1994-08-05 ·cited 2×
  James McCray appeals his convictions for burglary, criminal mischief, and trespass arising from domestic disputes with his former girlfriend. The court reversed because the trial judge failed to conduct a Richardson hearing regarding an undisclosed statement by the defendant and
• Johnson v. State
  567 So. 2d 32· Fla. 1st DCA· 1990-09-21 ·cited 2×
  Johnson challenged the denial of his motion to suppress a handgun seized from his van without a warrant during a lawful police encounter. The Florida appellate court affirmed the denial, holding that the officer had founded suspicion and probable cause to justify the seizure base
• Uwan Lloyd Williams v. Williams
  429 So. 3d 594· Fla. 3d DCA· 2026-02-04 ·cited 1×
  A trial court abuses its discretion by awarding sole parental responsibility when neither party requested it in their pleadings, even if competent substantial evidence supports a finding of detriment. Transportation costs for visitation are childrearing expenses that must be shar
• Colley v. State of Fla. & James Terry Colley
  432 So. 3d 454· Fla.· 2025-12-30 ·cited 1×
  James Terry Colley, Jr. was convicted in 2018 of two counts of first-degree murder, attempted murder, and burglary in a domestic violence case where he shot his estranged wife Amanda Colley and her friend Lindy Dobbins, and was sentenced to death. On appeal of his postconviction
• Wolverton v. Wolverton
  425 So. 3d 85· Fla. 6th DCA· 2025-11-26 ·cited 1×
  The trial court erred by failing to make written findings on the best interests factors required by section 61.13(3), Florida Statutes (2023), and by imputing income to the former wife without competent, substantial evidence supporting the imputation. The case was remanded for am
• Dalhou Fletcher- Johnson v. Colin Wayne Johnson
  423 So. 3d 420· Fla. 4th DCA· 2025-11-12 ·cited 1×
  A trial court does not violate due process by ruling on a domestic violence injunction petition in the absence of a party who received actual notice of the hearing, and an appellate court lacks jurisdiction to review orders denying motions to vacate when those orders are not incl
• Meredith v. Meredith
  420 So. 3d 596· Fla. 5th DCA· 2025-09-26 ·cited 1×
  A judge who prejudges a case based on a party's exercise of a statutory right to file in a particular venue must be disqualified, and the denial of a legally sufficient motion to disqualify is reversible error requiring remand for a new hearing before a different judge.
• Harrington v. Giancola
  415 So. 3d 845· Fla. 6th DCA· 2025-07-18 ·cited 1×
  A trial court does not abuse its discretion in granting a domestic violence injunction when the petitioner's credible testimony establishes recent stalking conduct that can be evaluated within the context of the parties' history of violence.
• Giacomaro v. Brossia
  396 So. 3d 222· Fla. 4th DCA· 2024-10-16 ·cited 1×
  A trial court abuses its discretion when it awards majority timesharing based on speculation about a parent's future circumstances rather than competent, substantial evidence of the parent's current capacity to care for the child. A timesharing determination cannot rest on hypoth
• Stevens v. Hudson
  345 So. 3d 977· Fla. 1st DCA· 2022-08-31 ·cited 1×
  A domestic violence injunction must be supported by evidence of either an actual act of domestic violence or an objectively reasonable fear of imminent domestic violence; allegations of heated arguments, ambiguous statements, and vague threats without more do not satisfy this sta
• Perez v. State of Fla. & Madison Weiss
  334 So. 3d 742· Fla. 5th DCA· 2022-03-14 ·cited 1×
  A trial court errs in holding a defendant in direct criminal contempt for conduct that did not occur in the judge's presence, and such contempt proceedings must comply with Florida Rule of Criminal Procedure 3.830, including providing the defendant a meaningful opportunity to pre
• Tyson Owens v. Jillian Owens
  315 So. 3d 163· Fla. 1st DCA· 2021-04-09 ·cited 1×
  The appellate court reversed a final judgment of injunction for protection against domestic violence, finding that the trial court erred by denying the appellant a full hearing. The court emphasized that parties are entitled to present evidence and cross-examine witnesses before
• Orazio Amadio Afanasiev v. Ligia Carolina Romero Alvarez
  319 So. 3d 697· Fla. 3d DCA· 2021-03-31 ·cited 1×
  The appellate court granted prohibition, preventing a trial judge from presiding over three cases involving a party and his counsel. While the judge was not disqualified as a "material witness" in a malicious prosecution case, her filing of a Bar complaint against the party's cou
• Black v. Black
  308 So. 3d 269· Fla. 2d DCA· 2020-12-16 ·cited 1×
  The appellate court reversed an order extending a domestic violence injunction, finding the former wife failed to present sufficient evidence of continued fear or new threats. The court emphasized the need for proof of additional domestic violence or a reasonable fear of imminent
• Libersat v. State
  305 So. 3d 766· Fla. 1st DCA· 2020-10-16 ·cited 1×
  The appellate court affirmed a conviction for aggravated stalking, holding that the victim's lack of contemporaneous knowledge of the stalker's actions does not negate the offense. The court found sufficient evidence that the defendant's repeated actions, despite a protective inj
• Stanlick v. Stanlick
  291 So. 3d 674· Fla. 2d DCA· 2020-03-13 ·cited 1×
• Hutsell v. Hutsell
  263 So. 3d 266· Fla. 1st DCA· 2019-02-04 ·cited 1×
  An injunction for protection against domestic violence cannot be issued without competent, substantial evidence that the petitioner either is a victim of domestic violence or has reasonable cause to believe she is in imminent danger of becoming one. Evidence that a former spouse'
• Halpern v. Nikoleta G. Koikos
  255 So. 3d 535· Fla. 1st DCA· 2018-10-31 ·cited 1×
  An appellate court must affirm an injunction when the appellant fails to supplement the record with a transcript or stipulated statement of evidence after being ordered to do so, preventing meaningful appellate review.
• Carroll v. Goll
  255 So. 3d 418· Fla. 3d DCA· 2018-08-22 ·cited 1×
  A temporary domestic violence injunction that does not include statutory language requiring child support to continue until a permanent order is entered expires by its own terms, and child support arrearages cannot be calculated beyond the injunction's expiration date.
• Carrillo v. Carrillo
  204 So. 3d 985· Fla. 5th DCA· 2016-12-09 ·cited 1×
  Florida appellate court reversed an injunction for protection against domestic violence because the trial court relied on non-record evidence from other cases without following proper judicial notice procedures under Florida Statutes § 90.204(1).
• Battaglia v. Thompson
  203 So. 3d 1018· Fla. 2d DCA· 2016-11-09 ·cited 1×
  Frank Battaglia appeals a final judgment of injunction for protection against domestic violence entered against him. The court reversed, finding that Christie Thompson's evidence failed to establish an objectively reasonable fear of imminent danger of domestic violence, as requir
• Berrien v. State
  189 So. 3d 285· Fla. 1st DCA· 2016-04-12 ·cited 1×
  A successor judge cannot reinstate a dissolved domestic violence injunction or pursue contempt charges for non-compliance after the injunction has been dissolved by a predecessor judge.