Domestic Violence Injunctions in Florida: Appellate Limits on Trial Court Discretion

Injunctions to protect against domestic violence in Florida are very significant legal instruments that limit contact with someone, limit access to their property, and have serious criminal consequences if violated. Due to their significance, Florida courts require strict compliance with legal standards before they grant injunctions to protect someone against domestic violence. A recent decision by Florida’s Fifth District Court of Appeal highlights how such injunctions are evaluated to determine whether there’s evidence to support them.

Background of the case

In this case, the petitioner requested a final injunction for protection against domestic violence against her former partner. She stated instances of past behavior of the respondent, including abuse, and her fear of potential harm in the near future. After the hearing, the trial court granted her request for the final injunction, ruling that she met the requirements.

In Florida, an injunction for protection against domestic violence is granted only if the petitioner is able to prove that either domestic violence has occurred or that there is reasonable cause to believe someone is in imminent danger of becoming a victim of domestic violence. The definition of domestic violence is the commission of certain criminal acts, such as battery, stalking, or assault, perpetrated by a household family member.

The respondent, in this case, appealed the entry of the final injunction, stating that the evidence presented in the hearing was not enough to meet the requirements of the law.

The appeal

On appeal, the Fifth District Court of Appeal scrutinized the evidence presented during the injunction hearing. The appellate court pointed out that, although the trial judges have discretion in handling domestic violence cases, the exercise of this discretion is based on competent and substantial evidence.

The appellate court found that the petitioner’s evidence focused mainly on her general feelings of fear and accusations of past behavior that took place several years before the filing of the injunction petition. The evidence did not show any recent incidents of domestic violence or any evidence of a credible threat of harm at the time of the hearing. The appellate court pointed out that fear alone is not sufficient evidence to issue a domestic violence injunction.

The appellate court found that the evidence did not support any incidents of past domestic violence or reasonable fear of imminent harm, which led the appellate court to reverse the final injunction issued in the case. The appellate court emphasized that the injunctions cannot be used as a tool for settling general relationship issues unrelated to safety concerns. 

Talk to a St. Petersburg, FL, Domestic Violence Attorney Today

The Law Office of Kevin F. Coleman represents the interests of St. Petersburg residents who are afraid of being assaulted in their own homes. Call our St. Petersburg family lawyers today to schedule an appointment, and we can begin preparing your case right away.

Source:

law.justia.com/cases/florida/fifth-district-court-of-appeal/2025/5d25-0452.html