Domestic Violence Injunction

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

• Gordon v. State
  960 So. 2d 31· Fla. 4th DCA· 2007-05-23 ·cited 1×
  Jay Gordon appeals an indirect criminal contempt conviction arising from violations of a domestic violence injunction in his divorce case. The Fourth District Court of Appeal affirms most of the conviction and sentencing, but reverses and remands because the trial court erred in
• Rinas v. Rinas
  847 So. 2d 555· Fla. 5th DCA· 2003-06-06 ·cited 1×
  A minor cannot initiate an action as 'next friend' on behalf of her sister and mother to seek custody, child support, or alimony, and any such judgment is void ab initio.
• Orth v. Orndorff
  835 So. 2d 1283· Fla. 2d DCA· 2003-02-07 ·cited 1×
• Giallanza v. Giallanza
  787 So. 2d 162· Fla. 2d DCA· 2001-05-09 ·cited 1×
  The court held that the wife's petition to extend the domestic violence injunction did not allege any fear of domestic violence, and the trial court made no findings of an objectively reasonable fear, thus the extension was improper.
• Hemesath v. State
  732 So. 2d 496· Fla. 1st DCA· 1999-05-27 ·cited 1×
  William Hemesath was found in direct criminal contempt for allegedly committing perjury during testimony in a domestic violence injunction proceeding. The appellate court reversed because the trial court abused its discretion by denying defense counsel's motion for a continuance
• Lorie Jean Lisandrillo v. Palozzi
  Fla. 4th DCA· 2026-09-16
  A motion to disqualify a judge based on allegations that are contrary to the record, frivolous arguments, and AI-generated gibberish is legally insufficient and properly denied. An attorney filing documents with her signature represents that she has read the document, that there
• Keller v. Keller
  Fla. 3d DCA· 2026-09-16
  A party seeking to dissolve an injunction must demonstrate a change in circumstances such that continuation of the injunction would serve no valid purpose, and incarceration alone does not satisfy this burden when the injunction's prohibitions on indirect contact remain enforceab
• Johnson v. Bee
  Fla. 6th DCA· 2026-07-17
  A domestic violence petition dismissed due to insufficient evidence presented at a hearing is not exempt from public disclosure under Florida Statute § 119.0714(1)(k)1, which exempts only petitions dismissed for reasons having to do with the legal sufficiency of the petition itse
• Abboud v. Iryna R. Abboud
  Fla. 5th DCA· 2026-06-26
  A pro se petition for certiorari filed nearly three years after entry of a final judgment is untimely and constitutes an abuse of the court's process when part of a pattern of repetitious and frivolous filings on the same issue.
• Muoio v. Safinya
  Fla. 3d DCA· 2026-06-10
  An appellant's failure to furnish the appellate court with an appendix or transcript of the proceedings requires affirmance of the trial court's order due to the presumption of correctness accorded to trial court decisions.
• Robert Hinton Avery *W* v. Beauzil
  Fla. 4th DCA· 2026-05-27
  A court may bar a litigant from appearing pro se when frivolous or excessive filings interfere with timely administration of justice. The ADA does not grant a litigant the right to abuse judicial process through AI-generated filings containing misstatements of law and frivolous a
• Elnenaey v. Elkadi
  Fla. 2d DCA· 2026-05-13
  A motion to vacate under Florida Family Law Rule of Procedure 12.540(b) does not toll the rendition of a judgment and therefore does not extend the time to appeal, and such a motion must be supported by sworn statements or affidavits to be valid.
• Douglass Miller O/B/O C. M. v. Miller
  Fla. 6th DCA· 2026-04-24
  The trial court's denial of a petition for an injunction for protection against domestic violence is affirmed where the appellate record does not permit resolution of underlying factual issues.
• Arce v. Chief Judge Timothy D. Osterhaus
  Fla.· 2026-04-23
  A pro se litigant who has filed fifteen frivolous or inappropriate extraordinary petitions to the Supreme Court over a short period, all related to the same underlying domestic relations cases and seeking relief that was either denied or dismissed, may be sanctioned by barring fu
• Moises Heras v. Heras
  Fla. 3d DCA· 2026-04-22
  An appellate court must affirm a judgment when the appellant fails to provide a trial transcript, as the court cannot determine whether the trial court's judgment is supported by evidence or whether reversible error occurred.
• Tirza Diaz De Villegas v. Ulysses Diaz De Villegas
  Fla. 3d DCA· 2026-03-31
  The trial court's award of full parental responsibility and time-sharing to the father, with limited therapeutic supervised visits for the mother, is affirmed under the deferential abuse of discretion standard, and the mother's motion for a written opinion is denied as a duplicat
• Roberts v. Roberts
  Fla. 2d DCA· 2026-03-04
  Father appealed a final judgment of injunction for protection against domestic violence based on allegations of sexual abuse of a minor child. The appellate court reversed because the trial court improperly relied on inadmissible child hearsay statements without adequate corrobor
• Leonides Negron v. Bonilla
  Fla. 6th DCA· 2026-01-09
  An injunction for protection against domestic violence cannot be granted based solely on a child's fear of a parent; the evidence must establish either that the child was a victim of domestic violence or had reasonable cause to believe she was in imminent danger of becoming one,
• Yitzchok Yoel Kasowitz v. Kasowitz
  Fla. 3d DCA· 2025-12-17
  An order granting an injunction in the domestic violence context is reviewed for abuse of discretion, and the appellant's failure to provide a complete record is fatal to the appeal.
• Goodwin v. State of Fla. & Tommy Ford
  N.D. Fla.· 2025-12-03
  The court recommended denial of the plaintiff's motion for a temporary restraining order because it failed to comply with procedural rules and did not establish the necessary prerequisites for such an extraordinary remedy.
• Wages v. Baez
  Fla. 3d DCA· 2025-11-12
  A nonfinal order denying an injunction against domestic violence is appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(B), which expressly authorizes review of orders that deny injunctive relief.
• Thompson v. Vilches
  Fla. 3d DCA· 2025-09-10
  A criminal court's determination of Stand Your Ground immunity in a battery prosecution does not constitute a change in circumstances sufficient to vacate a permanent domestic violence injunction entered by default in a civil proceeding.
• Marcionette v. Marcionette
  Fla. 6th DCA· 2025-08-29
  A motion to dissolve an injunction filed in the wrong division must be transferred to the appropriate division rather than denied, as all circuit court judges have equal jurisdiction within their circuit.
• Yaidel Alfonso v. Zenilda Hierrezuelo
  Fla. 3d DCA· 2025-08-20
  A trial court violates a defendant's procedural due process rights by entering a protective injunction under a different statute than the one pleaded and noticed for hearing, particularly when the unpleaded statute contains less stringent evidentiary requirements than the pleaded
• Yolani Castillo v. Radames Antonio Camacho Aldahondo
  Fla. 6th DCA· 2025-06-27
  A county court lacks jurisdiction to award possession to a landlord in an eviction action when the tenant holds a valid domestic violence injunction from the circuit court awarding exclusive possession of the shared dwelling, because the circuit court has exclusive jurisdiction o
• Woldense v. Ernica Ferdinand
  Fla. 3d DCA· 2025-04-09
  An injunction for protection against domestic violence is reviewed for abuse of discretion, and without a complete record of trial proceedings, the appellate court cannot conclude the trial court's judgment is unsupported by evidence.
• Blake v. Bayan Fares
  Fla. 5th DCA· 2025-03-14
  Fares sought a domestic violence injunction against Blake based on emails he sent to her orthodontics residency classmates describing his version of events in their pending divorce. The trial court issued a two-year injunction finding Blake committed harassment, but the appellate
• Schmigel v. Carson Wade Schmigel
  Fla. 1st DCA· 2025-03-12
  Rule 12.407(a), which requires a prior court order before a minor child may attend family law proceedings, was promulgated to protect minor children from harm by unnecessary involvement and does not expand the due process rights of a respondent parent in a domestic violence injun
• Schmigel v. Carson Wade Schmigel o/b/o H.S.
  Fla. 1st DCA· 2025-03-12
  Rule 12.407(a), which requires a prior court order before a minor child may attend a family law proceeding, was promulgated to protect minor children from unnecessary involvement in family law proceedings and does not expand the due process rights of a respondent parent defending
• Lakasia Portee-Jones v. Portee
  Fla. 1st DCA· 2025-02-26
  Lakasia Portee-Jones appeals a contempt order imposing a 40-day jail sentence for violating a domestic violence protection injunction. The court reversed the jail sentence, finding the trial court failed to comply with Florida Rule of Criminal Procedure 3.840's procedural require
• Beres v. Killian Beres- Peterson
  Fla. 4th DCA· 2025-02-12
  Two daughters obtained domestic violence protective injunctions against their mother, Melanie Beres. The Fourth District Court of Appeal reversed both injunctions, holding that the evidence did not establish imminent danger of domestic violence, and noting that these statutes are
• Beres v. Raven Beres Peterson
  Fla. 4th DCA· 2025-02-12
  Injunctions for protection against domestic violence require evidence of imminent danger of becoming a victim of domestic violence, and such injunctions cannot be used as substitutes for Baker Act or guardianship proceedings.
• Kiki De Jager v. Gerhard Austen De Jager
  Fla. 3d DCA· 2025-01-29
  Wife appeals a final judgment of injunction for protection against domestic violence entered by the trial court in favor of Husband. The appellate court affirmed the injunction, finding it was supported by competent, substantial evidence and that the trial court properly exercise
• Savage v. Bustillo
  Fla. 1st DCA· 2024-12-11
  Injunctions for stalking and domestic violence were reversed because the petitioners failed to present competent, substantial evidence that a reasonable person would have suffered substantial emotional distress from the respondent's repeated but non-threatening contacts. Stalking
• Schulmann v. Schulmann
  Fla. 4th DCA· 2024-09-04
  A trial court errs in granting a motion for involuntary dismissal in a domestic violence injunction case when it weighs the credibility of evidence or fails to view the evidence in the light most favorable to the non-moving party. The movant must admit the truth of all facts pres
• Piechota v. State
  Fla. 5th DCA· 2024-07-12
  A trial court may not assess investigative costs under section 938.27, Florida Statutes, unless the prosecutor specifically requests them on behalf of the agency.
• Whalen v. Estefania Llona Choquehuanca
  Fla. 3d DCA· 2024-06-26
  Lucas Connor Whalen appeals a final injunction for protection against domestic violence issued by the Miami-Dade Circuit Court. The Third District Court of Appeal reversed the injunction because technical issues prevented the full electronic recording of the evidentiary hearing a
• In re Amendments to the Fla. Supreme Court Approved Fam. Law Forms—12.980(a)
  Fla.· 2024-06-20
  The Court amended nine Florida Supreme Court Approved Family Law Forms by removing language requiring notary verification in accordance with amendments to sections 741.30, 784.046, and 784.0485, Florida Statutes. The Court also made other changes to improve clarity and promote co
• Jonathan Padilla *W* v. Tenille L. Pickett
  Fla. 4th DCA· 2024-05-15
  A domestic violence injunction petition must be dismissed when the only incident of physical violence is stale and the remaining allegations consist only of harassment and verbal abuse.
• Rowland v. Aime Rowland
  Fla. 6th DCA· 2024-04-08
  Sean Rowland appealed a final judgment of injunction for protection against domestic violence entered in favor of Aime Rowland after an evidentiary hearing. The Florida District Court of Appeal, Sixth District, reversed the injunction, finding insufficient statutory basis in the
• Rowland v. Aime Rowland
  Fla. 2d DCA· 2024-04-08
  A domestic violence injunction must be supported by sufficient evidence in the record demonstrating reasonable cause to believe the petitioner was in imminent danger of becoming a victim of domestic violence.
• Stevens v. Sec'y, Dep't of Corr. (Pinellas)
  M.D. Fla.· 2024-03-14
  The court held that the petitioner's claims for federal habeas relief were meritless and denied the petition.
• Johnston v. Carlson
  M.D. Fla.· 2024-02-23
  The court held that the deputies are entitled to qualified immunity because they had arguable probable cause to believe the plaintiff violated the injunction and Florida Statute § 741.31.
• Lancelot Kollmann v. Caudill
  Fla. 2d DCA· 2023-12-27
  Animals classified as family pets under an injunction for protection against domestic violence must be excluded from that classification if they are owned primarily for bona fide agricultural purposes; a kangaroo, three zebras, and four camels used by professional animal trainers
• J.M. v. Dep't of Child. & Families
  Fla. 1st DCA· 2023-11-27
  Parental rights were properly terminated under § 39.806(1)(c) where clear and convincing evidence established that the mother's conduct—maintaining contact with an abusive father despite a court order and domestic violence injunction—demonstrated that her continuing involvement t
• Jordanna Serena Sheermohamed v. Tozzi
  Fla. 4th DCA· 2023-10-18
  The appellate court reversed a lower court's decision to dissolve a domestic violence injunction and restart supervised timesharing. The court found the lower court abused its discretion by relying on a biased expert's testimony and failing to order a neutral psychological examin
• Jordanna Serena Sheermohamed v. Tozzi
  Fla. 4th DCA· 2023-10-18
  The appellate court reversed a lower court's decision to dissolve a domestic violence injunction and restart supervised timesharing. The court found the lower court abused its discretion by relying on a psychiatrist's testimony that was not fully informed of the father's post-inj
• Johnston v. Carlson
  M.D. Fla.· 2023-07-17
  Deputies are entitled to qualified immunity because they had arguable probable cause to believe the plaintiff violated the domestic violence injunction by attending church, even if the plaintiff's interpretation of the statute was ultimately correct.
• Blanco v. Santana
  Fla. 6th DCA· 2023-05-19
  The appellate court affirmed a domestic violence injunction, holding that the trial court did not err by considering evidence outside the petition's scope, as the appellant failed to object and the injunction was based on specific allegations within the petition.
• Liliana Francisca Vanegas v. State
  Fla. 3d DCA· 2023-04-26
  The court denied a petition for writ of habeas corpus, holding that a parent could be charged with interference with child custody under section 787.03(1), Florida Statutes, even if they retain parental rights. The court found the statute's plain language applied broadly to "whoe