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Dating Violence Injunction in Orlando, Florida 

For a dating violence injunction, you need to prove by competent, substantial evidence an imminent threat. Where a petitioner’s only evidence offered to show a continued threat was phone calls and text messages that petitioner suspected were from respondent, because the sender of the message was never authenticated and no other objective evidence of looming danger was presented, petitioner’s fear of imminent violence rested only on respondent’s alleged past which was insufficient to support an injunction. Further, the respondent must be allowed to present evidence at the hearing, or else it is a violation of the respondent’s due process. 

A trial court may issue an injunction against dating violence only if the petitioner proves both that she/he was a victim of dating violence and that she/he has reasonable cause to believe she/he is in imminent danger of another act of dating violence. The appellate court reviews the trial court’s findings for competent substantial evidence. The three elements of dating violence are 1) a recent dating relationship 2) an incident of past violence, and 3) imminent future violence. 

Suspicion alone is not proof. Several harassing phone calls alone, even containing threats, were not sufficient for the trial court to grant injunctive relief. An injunction was reversed where there was no allegation or evidence of an overt act that showed that the respondent had the ability to carry out threats or that justified a belief that violence was imminent. A court reversed an injunction where the petitioner’s testimony that she feels insecure and unsafe with the respondent because that was conclusory, and “he scares her” was conclusory and vague. 

Florida law is clear that to obtain an injunction for protection against dating violence, it is not sufficient to have been the victim of dating violence in the past. Florida Statute 784.046 specifically requires that the petitioner have reasonable cause to believe he or she is in imminent danger of becoming a victim of an act of dating violence. 

Unlike an injunction for protection against repeat physical and sexual violence and stalking, a dating violence injunction must be predicated on the reasonable prospect of a future violent act. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and arrange an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney-client privilege.