Fort Lauderdale Divorce Lawyer Blog
Florida courts regularly confront deeply emotional disputes involving parental discipline, allegations of domestic violence, and the limits of legal protection in contentious family dynamics. A recent Florida ruling highlights the importance of distinguishing between genuine domestic violence and permissible parental discipline, especially when a trial court’s findings do not align with the allegations in a petition. If you are involved in a domestic violence or family law dispute in South Florida, it is in your best interest to speak with a Miami family law attorney as soon as possible.
Case Setting
Allegedly, the mother sought a domestic violence injunction on behalf of a minor child following an incident that occurred on December 31, 2022. The parties, who divorced in 2018, shared responsibility for the child, and the incident arose shortly after the child returned from a ski trip with the father. The petition accused the father of punching the child, grabbing her hair, pulling her to the ground, and repeatedly striking her until she vomited, followed by additional kicking.
It is alleged that the court appointed a Guardian ad Litem to assist in assessing the child’s best interests. Testimony at the final hearing revealed a different account of the confrontation. The father testified that he discovered marijuana and related items in the child’s belongings and decided to impose discipline by taking her cellphone. The child resisted, and a struggle ensued during which she broke his finger. He denied the specific acts of violence alleged in the petition. A neighbor testified that the child appeared upset but showed no visible injuries and did not request police involvement.
Reportedly, the mother later observed bruising on the child the next morning and introduced photographs into evidence. A Child Protective Investigator also testified, noting no indicators of significant physical injury and concluding that the altercation reflected a mutual combatant situation. The Guardian ad Litem echoed this view, describing the incident as inappropriate but mutual. The trial court ultimately found that the allegations in the petition were “terribly exaggerated,” but concluded that the child was reasonably fearful, and it entered a six-month injunction requiring reunification therapy.
Grounds for Vacating Domestic Violence Injunctions
On appeal, the court reviewed the injunction for abuse of discretion, examining whether competent, substantial evidence supported the trial court’s ruling and whether the evidence met the statutory definition of domestic violence. The court emphasized that while factual findings receive deference, the sufficiency of the evidence to support an injunction presents a question of law subject to de novo review.
The relevant statutory framework allows courts to issue domestic violence injunctions only when a person has been a victim of domestic violence or has reasonable cause to believe imminent danger exists. The court noted that the trial court expressly rejected the most serious allegations in the petition and made no findings of conduct amounting to assault, battery, or any other qualifying offense. Instead, the trial court found only that the father physically took the cellphone from the child during a disciplinary encounter.
The court relied on longstanding Florida common law recognizing a parent’s right to administer reasonable and non-excessive corporal discipline. In doing so, the court explained that such discipline does not constitute domestic violence unless it is excessive or abusive. Because the trial court found no evidence of injuries beyond minor bruising and acknowledged the exaggerated nature of the allegations, the court concluded that the encounter fell within the scope of permissible discipline.
The trial court’s reliance on the child’s fear of spending time with a parent she did not trust was insufficient as a matter of law. Fear alone cannot support a domestic violence injunction when there is no competent evidence of a qualifying act or imminent danger. The court therefore held that the injunction lacked the evidentiary foundation required by statute and reversed the order. It remanded the case with instructions to vacate the injunction in full.
Consult a Skilled Miami Domestic Violence and Family Law Attorney
If you are facing a domestic violence petition or navigating a complex family law dispute, experienced legal guidance can help protect your parental rights and ensure the court evaluates the evidence appropriately. The skilled Miami family law attorneys of the Law Offices of Sandy T. Fox, P.A. represent clients throughout South Florida in domestic violence, custody, and related family matters, and if we represent you, we will advocate zealously on your behalf. Call 800-596-0579 or contact the firm online to schedule a confidential meeting.