Domestic Violence Injunctions: Case Law Update and Legal Considerations
This case law update provides insights into the proper entry of domestic violence injunctions based on acts of violence, recent incidents, due process rights, denial of injunction requests, and stalking as a basis for legal action. It highlights the importance of evidence, patterns of behavior, and the threshold for granting protective orders against domestic violence.
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INTERPERSONAL VIOLENCE CASELAW UPDATE Judge Thomas R. Eineman Judge Thomas R. Eineman
Domestic Violence Injunctions Domestic Violence Injunctions Injunction properly entered when there were numerous acts of violence over years, including recent incidents of violence. Contrast with isolated act occurring years before filing of Petition.
Domestic Violence Injunctions Domestic Violence Injunctions Mere uncivil or annoying behavior not sufficient for entry of final judgment.
Domestic Violence Injunctions Domestic Violence Injunctions Respondent s due process rights violated when objection, was allowed to testify about dv incidents not set forth in Petition. Petitioner, over
Domestic Violence Injunctions Domestic Violence Injunctions Petitioner s request for injunction denied, however Respondent s due process rights violated when sua sponte orders were entered in dissolution action without filing of any notice or motion.
Domestic Violence Injunctions Domestic Violence Injunctions Petitioner s request for injunction denied. Irrelevant that Respondent was arrested for act of dv against his then girlfriend. No recent act of violence or threat of violence against Petitioner.
Domestic Violence Injunctions Domestic Violence Injunctions For entry of F.J.: Been victim of domestic violence or have reasonable cause to believe in imminent danger becoming victim violence. of domestic
Domestic Violence Injunctions Domestic Violence Injunctions Stalking can be basis for domestic violence injunction. Motive for contact deemed legitimate does not have to be pure .
Domestic Violence Injunctions Domestic Violence Injunctions Completed acts of domestic violence sufficient for final inj. No need to also to show reasonable cause to believe imminent danger of becoming victim of domestic violence. Violence includes stalking.
Domestic Violence Injunctions Domestic Violence Injunctions DV proceedings should not be primary forum in which to determine family law issues.
Domestic Violence Injunctions Domestic Violence Injunctions Final Injunction improperly entered when basis was minor child s hearsay statements and no corroborating evidence of abuse presented. Child was unavailable to testify. F.S. 90.803(23).
Domestic Violence Injunctions Domestic Violence Injunctions Extensions of temporary injunction and continuances of final hearing are to be exception, not rule.
Domestic Violence Injunctions Domestic Violence Injunctions Involvement in contentious legal proceedings, without more, insufficient to establish reasonable fear of imminent harm or danger. No recent threats directed to Petitioner or attempts to contact her.
Domestic Violence Injunctions Domestic Violence Injunctions Final injunction should be dissolved when circumstances changed since initial entry such that continuation of injunction would serve no valid purpose.
Domestic Violence Injunctions Domestic Violence Injunctions Petitioner injunction. However, possibility of future contact between the parties is not, without more, sufficient to conclude that underlying the injunction remain the same. sought extension of circumstances
Stalking Injunctions Stalking Injunctions An individual who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another individual commits stalking.
Stalking Injunctions Stalking Injunctions Harass is to engage in a course of conduct directed at a specific person causing substantial distress and serving no legitimate purpose. emotional
Stalking Injunctions Stalking Injunctions Course of conduct is a pattern of conduct composed of a series of acts over a period of time evidencing a continuity of purpose.
Stalking Injunctions Stalking Injunctions Cyberstalking: engaging in course of conduct to communicate, or to cause to be communicated, directly or indirectly, words, images, or language by or through the use of electronic mail or electronic communication, directed at or pertaining to a specific person; or
Stalking Injunctions Stalking Injunctions to access, or attempt to access, online accounts or Internet-connected home electronic systems of another person without permission, causing emotional distress and serving no legitimate purpose. that person s substantial
Stalking Injunctions Stalking Injunctions When request for final injunction was denied Respondent entitled to return of firearms previously surrendered without further evidentiary hearing.
Stalking Injunctions Stalking Injunctions Issue of final injunction should not have been addressed when only matter set for hearing was alleged violation of temporary injunction.
Stalking Injunctions Stalking Injunctions Conduct must cause substantial emotional distress in a reasonable person. Uncivil, offensive conduct not sufficient.
Stalking Injunctions Stalking Injunctions When Petition filed either grant hearing or explain in writing why Petition is legally insufficient.
Stalking Injunctions Stalking Injunctions Surrender of firearms not required when temporary protection against stalking entered. Contrast with domestic violence injunctions. injunction for
Stalking Injunctions Stalking Injunctions Whether conduct causes substantial emotional distress must be evaluated using a reasonable person standard.
Stalking Injunctions Stalking Injunctions If contact serves legitimate purpose (a purpose other than to harass the Petitioner) it cannot be basis for injunction.
Stalking Injunctions Stalking Injunctions Personal jurisdiction attached when non-resident Respondent committed tortious act in Florida. This can occur by making telephonic, electronic, or written communications into Florida, provided tort arises from such communications.
Stalking Injunctions Stalking Injunctions Oral pronouncements of order control over contradictory written provisions.
Stalking Injunctions Stalking Injunctions Two incidents of stalking required in all district courts of appeal, except first.
Stalking Injunctions Stalking Injunctions When objected to alleged violation of temporary injunction not part of Petition cannot be basis for entry of final injunction. The other incidents did not constitute stalking.
Stalking Injunctions Stalking Injunctions Injunction expired by its own terms. Exceptions to mootness rule not applicable. Appeal dismissed.
Stalking Injunctions Stalking Injunctions Emails sent to Petitioner s friends and business associates not stalking. Also, online posts were not directed at a specific person.
Stalking Injunctions Stalking Injunctions Respondent denied due process when Petitioner allowed to call additional witnesses without allowing the Respondent to cross examine the Petitioner.
Stalking Injunctions Stalking Injunctions Competent substantial evidence for entry of injunction lacking when sole basis for entry were cell phone videos looked at by court but not part of record or admitted into evidence.
Stalking Injunctions Stalking Injunctions Ex-wife blocked ex-husband on social media and telephone. He sent text messages about their children to her current boyfriend and asked that the messages be given to the former wife. These messages served legitimate purpose.
Stalking Injunctions Stalking Injunctions When Petition is brought on behalf of child the child is the only relevant person when undertaking an analysis of whether stalking occurred.
Stalking Injunctions Stalking Injunctions Reasonable person standard for substantial emotional distress not met where the Respondent has contacted or attempted to contact the Petitioner without permission but where no threats were made or no public embarrassment.
Stalking Injunctions Stalking Injunctions F.S. 784.048 does not require contact with the victim. Also, substantial emotional distress does not need to occur at same time that stalker s actions occur.
Stalking Injunctions Stalking Injunctions Threats of future litigation insufficient to cause substantial distress in reasonable person. emotional
Repeat Violence Injunctions Repeat Violence Injunctions Need two acts of violence , one in the last six months. Violence includes stalking.
Repeat Violence Injunctions Repeat Violence Injunctions Multiple acts stemming from single violent incident not repeat violence if not separated by time or distance. Injunction properly entered when acts of violence occurred both inside and outside of club.
Repeat Violence Injunctions Repeat Violence Injunctions Verbal confrontation not act of violence without assault, to-wit: an intentional, unlawful threat by word or act to do violence, coupled with apparent ability to do so, and doing some act creating well founded fear that violence is imminent.
Dating Violence Injunctions Dating Violence Injunctions a) Dating relationship within the last six months; b) relationship characterized by expectation of affection or sex; c) parties have been involved over time and on a continuous basis during the course of the relationship.
Dating Violence Injunctions Dating Violence Injunctions 1) Been victim of dating violence and reasonable cause to believe he or she is in imminent danger of another act of dating violence; or 2) Petitioner has reasonable cause to believe he or she is in imminent danger of becoming victim of dating violence. and
Dating Violence Injunctions Dating Violence Injunctions Petitioner must show reasonable cause to believe he or she is in imminent danger of becoming victim of an act of dating violence in future, even if Petitioner has already been the victim of dating violence.
Dating Violence Injunctions Dating Violence Injunctions Temporary injunction should only be extended upon a finding of good cause. Same for other orders of protection.
Dating Violence Injunctions Dating Violence Injunctions Derogatory husband s girlfriend to his wife not basis for cyberstalking. Text not sent to the Petitioner himself. . text message from
Dating Violence Injunctions Dating Violence Injunctions Respondent s post-breakup behavior not sufficient to show Petitioner had reasonable cause to believe she was in imminent danger of becoming victim of dating violence in future.
Dating Violence Injunctions Dating Violence Injunctions Petition should have been dismissed as it did not include any allegations showing Petitioner s reasonable cause to believe he or she is in imminent danger of becoming victim of an act of dating violence in future.
