-
Fla. 5th DCA·
2023-02-24
A trial court does not abuse its discretion in denying a domestic violence injunction when it finds past violence but concludes the violence was too remote in time to establish an objectively reasonable risk of imminent domestic violence.
-
Fla. 5th DCA·
2023-02-24
-
Fla. 5th DCA·
2022-12-02
A Florida circuit court has subject matter jurisdiction to hear a petition for injunction for protection against domestic violence when the petitioner is a Florida resident, regardless of where the alleged domestic violence occurred.
-
Fla. 4th DCA·
2022-10-26
-
Fla. 2d DCA·
2022-06-15
The appellate court reversed a domestic violence injunction, finding the evidence insufficient to establish an objectively reasonable fear of imminent danger. The court emphasized that while the wife experienced verbal abuse and property damage, the husband never physically harme
-
Fla. 1st DCA·
2022-04-13
Ricky Patterson appeals his conviction for violating a domestic violence protection injunction, challenging the trial court's admission of testimony about phone calls and voicemails from the victim without proper authentication. The appellate court affirmed the conviction, holdin
-
Fla. 1st DCA·
2022-03-02
The appellate court reversed a domestic violence injunction, finding the petitioner lacked statutory standing because she did not prove she resided with the respondent. The court also reversed the denial of the respondent's motion to vacate the injunction based on new evidence.
-
Fla. 1st DCA·
2022-03-02
The appellate court reversed a domestic violence injunction, finding the petitioner lacked statutory standing because she did not demonstrate she had resided with the respondent. The court also reversed the denial of the respondent's motion to vacate the injunction based on new e
-
Fla. 5th DCA·
2022-01-28
A trial court abuses its discretion by excluding evidence based on surprise or untimely disclosure without first determining whether the objecting party would be prejudiced by admission of the evidence.
-
Fla. 5th DCA·
2021-12-13
Father appeals a trial court order arising from alleged violation of a domestic violence injunction that prohibited him from contacting his minor children. The court found Father did not violate the injunction by texting his daughter on her eighteenth birthday but issued an order
-
Fla. 2d DCA·
2021-12-01
This case involves a dissenting opinion arguing that a Florida statute mandating the surrender of firearms upon issuance of a final stalking injunction, without requiring a specific finding of threat, violates due process and Second Amendment rights. The dissent suggests a proced
-
326 So. 3d 203·
Fla. 5th DCA·
2021-10-01
A trial court's denial of a domestic violence injunction petition is affirmed when competent, substantial evidence supports the finding that the petitioner failed to demonstrate reasonable cause to believe she was in imminent danger of becoming a victim of domestic violence.
-
Fla. 1st DCA·
2021-09-22
An injunction for protection against domestic violence must be reversed when the respondent has not committed any acts of violence or threats within the three years preceding the filing of the petition, as the petitioner cannot establish an objectively reasonable fear of imminent
-
Fla. 1st DCA·
2021-05-18
The appellate court reversed a domestic violence injunction against Gabriel Swarek because he was not personally served with the petition and notice of hearing, which is required by Florida law for the court to have personal jurisdiction. This decision highlights the strict requi
-
Fla. 3d DCA·
2021-05-12
Outstanding discovery in separate, albeit related, proceedings does not constitute good cause to extend a temporary ex parte domestic violence injunction under Fla. Stat. § 741.30, and repeated continuations over 17 months without a final hearing violate due process rights.
-
Fla. 3d DCA·
2021-05-12
The appellate court reversed and remanded a trial court's decision to extend an ex parte injunction, finding that the trial court failed to demonstrate good cause for the repeated continuances and extensions. The court emphasized that such extensions should be exceptional and tha
-
Fla. 4th DCA·
2021-05-05
The trial court's order denying the petition for a domestic violence injunction is affirmed.
-
Fla. 1st DCA·
2021-04-12
The appellate court affirmed a lower court's decision to revoke probation. The appellant argued he could not violate probation while incarcerated before it began, but the court held that misconduct demonstrating unfitness for probation can lead to revocation even before probation
-
Fla. 3d DCA·
2021-03-31
The appellate court granted prohibition, preventing a trial judge from presiding over three cases involving a party and his counsel. While the judge's filing of a Bar complaint against the party's counsel was not automatically grounds for disqualification, the court found that un
-
Fla. 4th DCA·
2021-03-24
A motion to dissolve a domestic violence injunction must allege a change in circumstances to be sufficient.
-
Fla. 4th DCA·
2021-03-24
A motion to dissolve a domestic violence injunction must allege a change in circumstances to be sufficient.
-
Fla. 4th DCA·
2021-03-24
A motion to dissolve a domestic violence injunction must allege a change in circumstances to be sufficient.
-
Fla. 5th DCA·
2021-03-05
A trial court violates a respondent's due process rights by granting an injunction for protection based on objected-to testimony regarding domestic violence allegations that were not included in the petition and thus not properly pleaded.
-
Fla. 1st DCA·
2020-11-04
The appellate court reversed an injunction granted to an ex-wife but affirmed injunctions granted to two minor children against their father. The court clarified that indefinite domestic violence injunctions, while significant, do not constitute a termination of parental rights.
-
Fla. 1st DCA·
2020-11-04
The appellate court reversed an injunction granted to an ex-wife but affirmed injunctions granted to two minor children against their father. The court found insufficient evidence to support the injunction for the ex-wife, as she did not allege fear of domestic violence, and clar
-
45 Fla. L. Weekly D1115·
Fla. 1st DCA·
2020-11-04
The appellate court reviewed a domestic violence injunction granted by the trial court. While affirming most of the injunction, the court reversed the portion protecting the parties' minor children due to a lack of evidence showing the children were in immediate danger.
-
Fla. 1st DCA·
2020-11-04
The appellate court reversed an injunction protecting an ex-wife from her ex-husband, finding no evidence she feared domestic violence. However, it affirmed injunctions protecting their two minor children, clarifying that these indefinite injunctions do not terminate parental rig
-
Fla. 4th DCA·
2020-07-22
A permanent injunction against domestic violence is affirmed when the appellant fails to provide a transcript of the final hearing and fails to show personal bias or prejudice as grounds for judge disqualification.
-
Fla. 5th DCA·
2020-07-10
A trial court must conduct a full evidentiary hearing affording both parties a reasonable opportunity to present evidence and cross-examine witnesses before issuing a permanent domestic violence injunction.
-
Fla. 5th DCA·
2020-06-26
A predecessor court maintains jurisdiction to extend a final injunction for protection against domestic violence when the appellant timely petitions for extension prior to the injunction's expiration.
-
Fla. 1st DCA·
2020-06-25
An injunction for protection against domestic violence based on alleged cyber-stalking through social media posts must be supported by sufficient factual findings and cannot be broader than necessary to provide relief.
-
Fla. 3d DCA·
2020-06-24
-
Fla. 4th DCA·
2020-04-29
An ex parte temporary restraining order is affirmed when it is facially sufficient, and the appellant retains the right to move for its dissolution with a full hearing required before expiration.
-
Fla. 4th DCA·
2020-04-29
The RPO statute permits consideration of relevant evidence including incidents occurring more than 12 months before the petition filing, and an active domestic violence injunction does not prevent entry of an RPO. The trial court's findings were supported by competent, substantia
-
Fla. 3d DCA·
2020-02-26
-
Fla. 4th DCA·
2019-09-18
A domestic violence injunction must be corrected when it improperly extends protection to both the appellee and his child rather than limiting protection to the child alone.
-
Fla. 1st DCA·
2019-09-09
A trial court does not abuse its discretion in awarding all marital assets to the former wife and freezing the former husband's entire stock ownership plan as security for meaningful financial relief when the former husband is an unemployed domestic abuser who subsequently commit
-
Fla. 3d DCA·
2019-08-28
This case concerns whether a party moving out of the country was properly notified of a domestic violence injunction hearing. The appellate court affirmed the trial court's decision, finding that notice was properly served by mail and that the appellant also had actual knowledge
-
Fla. 3d DCA·
2019-08-28
The appellate court affirmed a trial court's decision granting domestic violence injunctions. The appellant argued he was not properly notified of the final hearing, but the court found he was properly served by mail and also had actual knowledge of the proceedings.
-
274 So. 3d 1238·
Fla. 5th DCA·
2019-06-28
A trial court's issuance of a three-year injunction against domestic violence is affirmed when supported by competent, substantial evidence including testimony regarding current incidents and historical domestic violence.
-
259 So. 3d 315·
Fla. 1st DCA·
2018-12-18
A domestic violence injunction cannot be extended without a factual basis showing violence between the parties.
-
262 So. 3d 221·
Fla. 2d DCA·
2018-12-14
Jonathan Tate appeals a final judgment granting an injunction for protection against domestic violence obtained by his sister Vanessa. The court issued the injunction based on Jonathan's break-in to Vanessa's home and theft of her cats, but the appellate court reversed, finding i
-
250 So. 3d 842·
Fla. 3d DCA·
2018-07-11
Yuniel Mejias Gonzalez appealed a permanent domestic violence injunction entered against him, arguing that the trial court abused its discretion and that the appellee testified to incidents not listed in her petition. The appellate court affirmed, finding no abuse of discretion a
-
244 So. 3d 1198·
Fla. 2d DCA·
2018-05-25
A domestic violence injunction is affirmed without prejudice to the appellant filing a motion for relief from judgment under Florida Family Law Rule of Procedure 12.540(b) when appeal grounds do not establish reversible error but may provide grounds for such relief.
-
232 So. 3d 525·
Fla. 1st DCA·
2017-12-29
-
198 So. 3d 1055·
Fla. 4th DCA·
2016-08-17
Ian Bowles appeals his convictions for aggravated stalking and stalking in violation of a domestic violence injunction and court orders stemming from his harassment of his ex-wife and her fiancé. The appellate court reversed the convictions, finding that the trial court erred in
-
200 So. 3d 178·
Fla. 5th DCA·
2016-07-01
Florida appellate court reversed and remanded a domestic violence injunction modification order because the trial court denied the incarcerated appellant due process by failing to rule on his request to appear telephonically at the hearing.
-
190 So. 3d 685·
Fla. 3d DCA·
2016-04-27
Florida appellate court reversed a temporary domestic violence injunction because the trial court failed to comply with statutory requirements by issuing a fixed-term temporary injunction without scheduling a required future hearing or making findings, and because Florida law doe
-
185 So. 3d 1293·
Fla. 5th DCA·
2016-02-26
A grandfather appeals a permanent injunction for protection against domestic violence based on allegations of sexual abuse against his grandchild. The appellate court reversed because the trial court excluded the child's out-of-court statements without considering Florida's statu
-
181 So. 3d 581·
Fla. 2d DCA·
2016-01-06
The court held that the State failed to prove Mr. Hall acted willfully in violating the domestic violence injunction, as he reasonably concluded it was no longer in effect.