Injunction For Protection Against Sexual Violence

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

• Rollins v. Rollins
  336 So. 3d 1241· Fla. 5th DCA· 2022-03-17 ·cited 8×
  Lindsay Rollins appealed the denial of an injunction for protection against sexual violence under Florida law. The trial court found both parties credible but determined that Ms. Rollins failed to meet her burden of proving by a preponderance of the evidence that sexual violence
• Morrell v. Chadick
  965 So. 2d 1277· Fla. 2d DCA· 2007-10-17 ·cited 5×
  Charles Morrell appeals a final judgment granting an injunction for protection against sexual violence filed by his former supervisor and former lover, Cheryl Chadick. The appellate court reversed, finding insufficient evidence to support a finding of sexual violence under Florid
• 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
• Loyd Berthiaume v. B.S.
  85 So. 3d 1117· Fla. 1st DCA· 2012-03-12 ·cited 3×
  The court held that section 784.046, Florida Statutes, authorizes a parent to seek an injunction for protection against sexual violence on behalf of a minor child based on the parent's sworn petition and reasonable belief, even if the petition contains hearsay statements from the
• Miley v. Dunn
  264 So. 3d 219· Fla. 2d DCA· 2018-12-21 ·cited 2×
  Jennifer Miley appeals the trial court's denial of her motion to modify a 2007 injunction for protection against sexual violence entered on behalf of her son J.A.M. against Jessica Dunn. The injunction prohibited Dunn from coming within 250 feet of J.A.M.'s school, but the addres
• Hussey v. Lara
  272 So. 3d 498· Fla. 3d DCA· 2019-04-10 ·cited 1×
  # Legal Brief: Hussey v. Lara The Third District Court of Appeal reversed a permanent injunction for protection against sexual violence issued under Florida Statute § 784.046 because the trial court entered the order based solely on the mother's uncorroborated hearsay testimony,
• Keller v. Olin Ramseyer o/b/o A.R. and B.R.
  237 So. 3d 468· Fla. 5th DCA· 2018-02-09 ·cited 1×
  Florida appellate court reversed injunctions for protection against sexual violence where the trial court relied primarily on hearsay testimony about what alleged child victims told their father, lacking eyewitness testimony, affidavits, or direct physical evidence required under
• Amendments to Fla. Supreme Court Approved Fam. Law Forms-Sexual Violence Forms
  880 So. 2d 579· Fla.· 2004-07-08 ·cited 1×
  The Florida Supreme Court adopted amendments to Florida Supreme Court Approved Family Law Forms related to injunctions for protection against sexual violence, domestic violence, repeat violence, and dating violence, in response to 2004 legislative amendments to Florida Statutes s
• 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
• Colina v. Shiqian Jiang
  Fla. 3d DCA· 2025-07-16
  A person who reports sexual violence to law enforcement and cooperates in any criminal proceeding has standing to file a verified petition for an injunction for protection against sexual violence under Florida Statute § 784.046(2)(c)(1).
• Yefri Castro v. Stephanie Gutierrez o/b/o Destiny Castro
  Fla. 3d DCA· 2025-04-16
  A parent seeking a permanent injunction for protection against sexual violence on behalf of a minor child against the other parent must be an eyewitness, provide direct physical evidence, or submit eyewitness affidavits; hearsay statements from the child alone, even if admissible
• 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
• Kuschnitzky v. Marasco
  Fla. 1st DCA· 2023-11-29
  An anonymous phone call to law enforcement, where the caller declines to make a full disclosure and never follows up, does not constitute a "report" of sexual violence as required by Florida Statutes § 784.046(2)(c) for standing to petition for a sexual violence injunction. The s
• In re Amendments to Fla. Supreme Court Approved Fam. Law Forms 12.980(a)
  Fla.· 2023-08-24
  The Florida Supreme Court amended five family law forms governing petitions for protective injunctions against domestic violence, repeat violence, dating violence, sexual violence, and stalking to reflect recent statutory changes and updated court procedures. The amendments added
• In re Amendments TO the Fla. Supreme Court Approved Fam. LAW Forms-12.980(B)(1).
  246 So. 3d 1161· Fla.· 2018-06-21
  The Florida Supreme Court amended Form 12.980(b)(1), an order setting hearing on petitions for injunctions for protection against domestic violence, repeat violence, dating violence, sexual violence, and stalking. The amendment clarifies courts' obligations to record domestic vio
• Keller v. Ramseyer
  Fla. 5th DCA· 2018-02-05
  A probate court loses plenary power to vacate, modify, or reform a final order admitting a will to probate as a muniment of title thirty days after signing that order, and any judicial action taken thereafter is void. The court erred in appointing an executor and issuing letters
• Curtis v. Taylor Reinhardt O/B/O R.B.C.
  243 So. 3d 451· Fla. 5th DCA· 2018-02-02
  Stephen Curtis appealed a final injunction for sexual violence protection entered against him on behalf of a minor child. The Florida District Court of Appeal, Fifth District, affirmed the injunction itself but reversed and remanded regarding the psychosexual evaluation order bec
• Curtis v. Reinhardt
  Fla. 5th DCA· 2018-01-29
  An order requiring a psychosexual evaluation must specify the time, place, physician's name, manner, conditions, and scope of the evaluation; an order lacking such specificity violates Florida Rule of Civil Procedure 1.360 and gives the psychologist improper carte blanche authori
• Donesha Hawthorne v. Butler
  151 So. 3d 23· Fla. 4th DCA· 2014-10-16
  Hawthorne appealed the trial court's denial of her petitions for injunctions for protection against sexual violence based on the imminent release of her perpetrator from prison. The court reversed, holding that the trial court erred by failing to hold a hearing on the petition as
• 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
• In re Amendments to the Fla. Supreme Court Approved Fam. Law Forms
  113 So. 3d 781· Fla.· 2013-05-09
  The Florida Supreme Court adopted new and amended family law forms to implement recent legislation creating a cause of action for injunctions for protection against stalking. The Court added three new forms related to stalking injunctions and amended existing injunction forms to
• In re Amendments to the Fla. Supreme Court Approved Fam. Law Forms
  93 So. 3d 194· Fla.· 2012-06-07
  The Florida Supreme Court approved amendments to twenty-four family law forms relating to domestic, repeat, dating, and sexual violence injunctions. The amendments update language to comply with disability accommodations rules, remove unnecessary personal information requests, cl