It is not uncommon for people in the process of ending their relationship to have heated battles. While arguments can be stressful, they should not cause a person to fear for their safety, and if they do, they may be grounds for seeking an injunction for protection from domestic violence. Recently, a Florida court discussed what constitutes satisfactory grounds for entering such an injunction in a case in which it ultimately reversed the trial court’s order. If you are a victim of domestic violence or were recently accused of abusive behavior, it is smart to speak to a Miami domestic violence attorney regarding your options.
History of the Case
It is alleged that the wife filed a petition for an injunction for protection against domestic violence against her husband. She stated she did so to get “space” from the husband after she advised him of her plans to seek a divorce. In her petition, she asserted that the husband verbally abused her, and sent her numerous text messages. She also claimed that he had punched a hole in a wall and kicked down a door after a disagreement.
Reportedly, though, the wife conceded that the husband had never threatened her and had never committed acts of physical violence against her. Regardless, the trial court ultimately granted the wife’s petition and entered an injunction against the husband. The husband appealed.
Grounds for Entering an Injunction for Protection Against Domestic Violence
On appeal, the entry of the injunction was reversed after the court found that the evidence was inadequate to support the injunction. Under Florida law, to obtain an injunction, a person must demonstrate that they harbor an objectively reasonable fear that they are in imminent danger of becoming the victim of an act of domestic violence. Domestic violence includes any assault, sexual assault, battery, sexual battery, kidnapping, stalking, false imprisonment, and any other crime that a person commits against a member of their family or household that causes that member’s bodily harm or death.
In determining whether a fear is objectively reasonable, the court will look at the history of the relationship between the parties, including their behavior in the relationship, and the current allegations. In the subject case, the court found that the evidence presented at trial was inadequate to demonstrate the that wife reasonably feared she was in imminent danger. Thus, the court reversed the entry of the injunction.
Meet with an Experienced Miami Attorney
The Florida courts treat domestic violence allegations seriously, but simply because a person seeks an injunction for protection from domestic violence does not mean their request will be granted. If you have questions or concerns regarding domestic violence allegations, it is in your best interest to meet with an attorney as soon as possible. The experienced Miami attorneys of the Law Offices of Sandy T. Fox, P.A., are mindful of the sensitive nature of domestic violence allegations, and we will help you seek a favorable outcome in a discrete manner. Our office is located in Aventura, and we regularly represent people in family law cases in Miami. You can contact us through our online form or at 800-596-0579 to set up a conference.