Florida Court Makes A Ruling On A Domestic Violence Injunction

Among the most severe civil injunctions that can be granted by a Florida family court is a domestic violence injunction. An injunction (as provided in Florida Statute § 741.30) serves to protect the petition from threats of violence, as well as actual violence, by limiting the respondent’s communications and providing a legal penalty for its violation. In the case we’re about to discuss, the Third District Court of Appeals provided guidance on the level of evidence necessary to support a domestic violence injunction. 

Background of the case 

In the aforementioned case, the appellee (the petitioner in the original injunction suit) sought an injunction for protection from dating violence against the defendant. During the trial, there was evidence presented of stalking and threatening conduct sufficient to create a reasonable fear of imminent harm, which is the standard necessary to obtain an injunction as provided in § 741.30. The court entered the injunction on the belief that the petitioner had presented sufficient evidence of conduct described in the statute.

The allegations of fact in the petition and during the hearing involved mostly conduct that the petitioner alleged was stalking. This included following the petition and engaging in conduct that created a reasonable apprehension of imminent danger. A Florida statute provides that stalking is in the category of behaviors that can constitute a valid basis for a domestic violence injunction when committed between individuals in a qualifying relationship.

Proceedings for a domestic violence injunction are a civil matter rather than a criminal matter; however, there are still severe consequences for violating the order, including arrest. This is why there is such a high level of scrutiny concerning whether or not there was a proper application of the law and substantial evidence upon which an injunction is granted or affirmed. 

The appeal 

In this case, the defendant appealed. He challenged the ruling on the entry of the injunction by the trial court, claiming there was not sufficient evidence for determining that dating violence or stalking occurred, warranting the protective order. The opinion by the Third DCA was released and addressed whether there was evidence during the final hearing that warranted an injunction.

In its decision, the appeals court held that there was, in fact, sufficient evidence to support the lower court’s ruling on the injunction based on stalking and reasonable fear under Florida law. This was because the Third DCA gave great weight to the findings made by the lower court, which is in line with the rules of appeals in civil injunction cases, where the issue is whether there is substantial evidence to support the lower court’s findings.

The appellate court decision, therefore, upheld the ruling of the lower court on the matter and reiterated the policy that when credible evidence of stalking and other qualifying acts has been established, the Florida courts have the legal mandate to enter a domestic violence injunction on behalf of the victim. 

Talk to a Tampa, FL, Domestic Violence Lawyer Today 

The Tampa family lawyers at Faulkner Law Group, PLLC, represent the interests of victims who need to get a domestic violence injunction. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

law.justia.com/cases/federal/district-courts/california/caedce/1:2022cv01376/418752/15/