Domestic Violence Injunction

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

• Martinez v. Izquierdo
  166 So. 3d 947· Fla. 4th DCA· 2015-06-17
  Martinez appeals a domestic violence injunction issued against him. The court affirms the injunction itself but reverses the provision requiring him to surrender all firearms and ammunition because, as a law enforcement officer, he is statutorily exempt from that requirement unde
• Phillips v. Rosalea Dawn Hughes
  151 So. 3d 60· Fla. 2d DCA· 2014-11-07
  The court held that the trial court's finding of reasonable cause for an injunction for protection against domestic violence was not supported by competent, substantial evidence.
• Pashtenko v. Valentin Pashtenko
  148 So. 3d 545· Fla. 2d DCA· 2014-10-15
  The court held that a trial court's order denying a petition for an injunction against stalking must set forth the legal grounds for denial as required by statute.
• Rigaud Colin v. Colin
  146 So. 3d 112· Fla. 5th DCA· 2014-08-29
  Rigaud Colin appeals a domestic violence injunction prohibiting contact with his wife Rosa, and a child support order. The appellate court affirmed both the injunction and the support amount, finding sufficient evidence for the injunction and that Colin failed to preserve his obj
• In re Amendments to Fla. Supreme Court Approved Fam. Law Forms
  142 So. 3d 856· Fla.· 2014-07-03
  The Florida Supreme Court adopted amendments to two approved family law forms—Form 12.980(b)(1) and Form 12.980(u)—to clarify findings required when denying ex parte temporary injunctions and to remove a mandatory treatment provision from stalking injunction forms. This administr
• In re Amendments to the Fla. Fam. Law Rules of Procedure
  126 So. 3d 228· Fla.· 2013-11-14
  The Florida Supreme Court adopted amendments to Family Law Rule 12.610 and related forms 12.900(h) and 12.928 to incorporate stalking injunctions into the existing framework for domestic, repeat, dating, and sexual violence injunctions, following legislative creation of a stalkin
• Touchet v. Jones
  135 So. 3d 323· Fla. 5th DCA· 2013-08-16
  The court held that a trial court lacks statutory authority to order a victim of domestic violence to undergo psychological evaluations as part of an injunction for protection.
• Kai Hernandez v. Silverman
  100 So. 3d 272· Fla. 4th DCA· 2012-11-14
• Williams v. Williams
  89 So. 3d 301· Fla. 5th DCA· 2012-06-08
  Florida appellate court reversed an injunction for protection against domestic violence because the trial court made no finding of domestic violence and the petitioner presented no evidence of actual victimization or imminent danger.
• Jean-Sébastien Sauriol v. Sauriol
  79 So. 3d 204· Fla. 2d DCA· 2012-02-10
  Jean-Sébastien Sauriol appeals a civil contempt order sentencing him to 21 days in jail for sending a single non-threatening email to his wife in violation of a domestic violence injunction's no-contact provision. The court reverses, finding the sanction was punitive in character
• Deale v. Deale
  68 So. 3d 432· Fla. 5th DCA· 2011-09-09
  The appellate court affirmed the trial court's decision, finding that the evidence presented was insufficient to warrant an injunction for protection against domestic violence.
• L.C. v. A.M.C.
  67 So. 3d 1181· Fla. 2d DCA· 2011-08-19
  A grandfather appeals a final domestic violence injunction prohibiting contact with his granddaughter. The Florida appellate court reverses because the grandfather received only 25 hours' notice of the hearing, which was procedurally insufficient and violated his right to due pro
• Barker v. Shelila Rodriguez
  82 So. 3d 1018· Fla. 4th DCA· 2011-08-17
• C.K. v. B.B. o/b/o T.S.
  65 So. 3d 99· Fla. 2d DCA· 2011-06-24
  A Florida appellate court reversed an injunction for protection against domestic violence issued against a mother, holding that the father failed to present sufficient evidence that their eight-year-old daughter was a victim of or in imminent danger of becoming a victim of domest
• Katarzyna Moriggia v. Moriggia
  62 So. 3d 1151· Fla. 2d DCA· 2011-05-27
  Katarzyna Moriggia appealed a domestic violence injunction issued in favor of Oscar S. Moriggia. The appellate court reversed because there was no evidence that Oscar was either a victim of domestic violence or had reasonable cause to believe he was in imminent danger of becoming
• Fleshman v. Fleshman
  50 So. 3d 797· Fla. 2d DCA· 2011-01-14
  The court reversed a domestic violence injunction entered against a father based on threatening voicemail messages to his adult son, holding that the father and son did not qualify as "family or household members" under Florida's domestic violence statute because they never resid
• Pietro Fuccio v. Bruno Durso
  48 So. 3d 1011· Fla. 5th DCA· 2010-12-03
  Pietro Fuccio appealed a permanent injunction for protection against domestic violence entered against him. The appellate court reversed because the parties never resided together, which is a statutory requirement for a domestic violence injunction under Florida law, and the appe
• Sanders v. Sellers-Earnest
  768 F. Supp. 2d 1180· M.D. Fla.· 2010-06-11
  The seller of a pre-construction condominium unit appeals a trial court's summary judgment for the buyer, arguing the sales contract was authorized under the Interstate Land Sales Full Disclosure Act (ILSFDA) and not subject to revocation.
• Weiss v. Portia Weiss
  34 So. 3d 250· Fla. 2d DCA· 2010-05-14
• Tacy v. Sedlar
  15 So. 3d 24· Fla. 2d DCA· 2009-05-08
  The court held that the evidence was insufficient to support the modification of the injunction to include the child as a protected party.
• Eddins v. Eddins
  996 So. 2d 253· Fla. 1st DCA· 2008-12-12
• Langford v. Eliza Hanna Masco
  991 So. 2d 427· Fla. 2d DCA· 2008-09-26
  William Langford challenged a domestic violence injunction issued against him, arguing the evidence was insufficient and that the written judgment contained an error affecting his child visitation rights. The appellate court affirmed the sufficiency of the evidence supporting the
• In re Amendments to Florida Rules of Juvenile Procedure
  992 So. 2d 242· Fla.· 2008-09-25
  The Florida Supreme Court adopted amendments to the Florida Rules of Juvenile Procedure and related forms to conform them with 2008 legislative changes effective July 1, 2008. The amendments modify rules and forms governing service of process, injunctions in dependency cases, dil
• Sando v. State of Fla. & Al Lamberti
  972 So. 2d 271· Fla. 4th DCA· 2008-01-10
  Victoria Sando petitioned for habeas corpus challenging her incarceration for violation of a domestic violence injunction. The court granted the petition, finding that Sando was denied due process because the trial court imposed a criminal contempt sanction without following crim
• Vazquez v. State
  953 So. 2d 569· Fla. 4th DCA· 2007-02-14
  The court held that allowing the State to amend the aggravated stalking charge to include events for which the appellant had already been convicted violated the Double Jeopardy Clause.
• Buchan v. Hibbard
  940 So. 2d 533· Fla. 2d DCA· 2006-10-25
  The court held that the trial court erred in dissolving a domestic violence injunction as to a minor son, as the son had reasonable cause to believe he was in imminent danger of domestic violence, and the court improperly denied the son an opportunity to testify.
• Becker v. Johnson
  937 So. 2d 1128· Fla. 1st DCA· 2006-08-08
  The court reversed a Florida domestic violence injunction against a Maryland resident, holding that voice and text messages left on the appellee's cell phone before he knew she was in Florida were insufficient to establish personal jurisdiction under Florida's long-arm statute an
• McCLAIN v. SMJ
  933 So. 2d 1241· Fla. 3d DCA· 2006-07-19
• Robinson v. Villarejo
  920 So. 2d 206· Fla. 4th DCA· 2006-02-15
  Robinson appeals a final judgment of injunction for domestic violence protection entered against her at a hearing she did not attend, claiming she never received notice. The court reverses and remands for an evidentiary hearing on her lack-of-notice claim, finding the trial court
• Hedricks v. Hedricks
  916 So. 2d 62· Fla. 2d DCA· 2005-12-14
  The court held that the trial court abused its discretion by imposing a new child visitation scheme without considering input from the family therapist.
• Sanchez v. Alviar
  906 So. 2d 1263· Fla. 4th DCA· 2005-07-27
  The Florida District Court of Appeal reversed a domestic violence injunction and custody order because the trial court granted six-month relief without conducting a full evidentiary hearing, violating statutory requirements for domestic violence protection orders.
• Graves v. State
  872 So. 2d 298· Fla. 2d DCA· 2004-04-14
  The court held that the evidence was sufficient to find the appellant in contempt for violating a domestic violence injunction, despite clerical errors in the written orders.
• Pierce v. Damaris Tello
  868 So. 2d 1253· Fla. 4th DCA· 2004-03-24
  Robert Pierce appealed a custody order requiring supervised visitation of his daughter, based on the trial judge's reliance on an ex parte drug test report to suspend his contact with the child. The Florida District Court of Appeal reversed, holding that the judge violated due pr
• Byford v. Stephens
  299 F. Supp. 2d 1253· S.D. Fla.· 2003-11-07
  The court held that Officer Stephens was entitled to qualified immunity because he had arguable probable cause to arrest the plaintiff for falsely reporting a crime, and even if he lacked arguable probable cause, the law was not clearly established that his actions were unlawful.
• Peterman v. Nute Carl Meeker, Jr.
  855 So. 2d 690· Fla. 2d DCA· 2003-10-03
  John Peterman appealed a domestic violence protection injunction granted against him by Nute Meeker in a same-sex relationship. The court held that Florida's domestic violence statute protects same-sex couples who reside together as family members, rejecting the argument that suc
• Gaspard v. State
  845 So. 2d 986· Fla. 1st DCA· 2003-05-23
• Amendments to the Fla. Supreme Court Approved Fam. Law Forms-Uccja Forms
  836 So. 2d 1019· Fla.· 2002-12-19
  The court is amending Florida Supreme Court Approved Family Law Forms to reflect the enactment of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the repeal of the Uniform Child Custody Jurisdiction Act (UCCJA).
• Amendments to the Fla. Supreme Court Approved Fam. Law Forms-Domestic Violence Forms
  830 So. 2d 72· Fla.· 2002-10-03
  The Florida Supreme Court amended six family law forms related to domestic violence injunctions to eliminate references to filing fees, consistent with 2002 legislative amendments to Florida Statutes sections 741.30 and 741.2902 that prohibited filing fees in domestic violence ac
• Jordan v. State
  802 So. 2d 1180· Fla. 3d DCA· 2001-12-26
  Johnny Frank Jordan appeals his convictions for aggravated stalking and trespass following a domestic violence incident with his ex-girlfriend. The Florida appellate court affirms both convictions, holding that the evidence was legally sufficient to support the jury verdict under
• Lara Lynn Suspanic v. Suspanic
  781 So. 2d 482· Fla. 5th DCA· 2001-03-16
  The court held that the former wife is entitled to a stay of the order requiring substance abuse testing and treatment pending appeal.
• In re Amendments to the Fla. Fam. Law Rules of Procedure
  783 So. 2d 937· Fla.· 2000-10-19
  The Florida Supreme Court reviewed and approved proposed amendments to the Florida Family Law Rules of Procedure submitted by the Family Law Rules Committee in its quadrennial report. The Court rejected certain proposals it found problematic while approving others with modificati
• Ribel v. Ribel
  766 So. 2d 1185· Fla. 4th DCA· 2000-09-14
  A husband in a dissolution of marriage action sought a writ of certiorari to challenge the trial court's order rescheduling a domestic violence injunction extension hearing from September 8 to September 15, 2000. The court dismissed the petition, holding that the husband failed t
• Shaw-Messer v. Messer
  755 So. 2d 776· Fla. 5th DCA· 2000-04-07
  The court held that the trial court erred by entering a mutual restraining order without proper allegations and by failing to provide an opportunity to be heard on the domestic violence injunction.
• E.Z.P. v. H.P., Jr.
  756 So. 2d 188· Fla. 3d DCA· 2000-04-05
  A Florida appellate court reversed a trial court's order requiring a father to deposit child support payments into a trust account instead of paying them directly, finding this violated the statutory requirement that child support obligations remain independent of visitation righ
• Kaminski v. Kaminski
  751 So. 2d 71· Fla. 2d DCA· 1999-12-08
  In this family law appeal, the Former Husband challenges the trial court's delay in issuing a final dissolution judgment and its award of primary residential custody to the Former Wife. The appellate court affirms the custody determination but remands to strike three unsupported
• Americo E. Wehbe v. Isidro A. Uejbe
  744 So. 2d 572· Fla. 3d DCA· 1999-11-10
• Andrews v. Launa Byrd
  700 So. 2d 1250· Fla. 1st DCA· 1997-10-30
• State v. Johnson
  644 So. 2d 1028· Fla. 3d DCA· 1994-10-26
  Florida appealed the dismissal of an aggravated stalking charge against Johnson on double jeopardy grounds. The court affirmed the dismissal, holding that the aggravated stalking charge was a lesser-included offense of the criminal contempt charge for violating an injunction, bar
• Barbosa-Fernandez v. State
  585 So. 2d 1134· Fla. 3d DCA· 1991-09-17
  Sonia Barbosa-Fernandez was convicted of indirect criminal contempt for violating a domestic violence injunction by making harassing phone calls. The Florida Court of Appeal reversed because the trial court's judgment failed to recite the specific facts supporting the conviction