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What is Necessary to Obtain an Injunction Against Dating Violence in the Orlando, Florida Area?

There are steps you can take as a victim of dating violence. Section 784.046(2)(b), Florida Statutes (2019), authorizes the issuance of an injunction against dating violence for the protection of any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence. The petitioner must prove by competent, substantial evidence that she/he has reasonable cause to believe that she/he is in imminent danger of another, future act of dating violence. 

Determining Reasonable Cause

In determining whether reasonable cause exists, the trial court must consider the current allegations, the parties’ behavior within the relationship, and the history of the relationship as a whole.  

In Whitfield v Meeks, 46 Fla. L. Weekly D1639 (1st DCA 2021), the appellate court ruled that the amended final judgment of injunction against dating violence entered in favor of petitioner and her minor  son was improper where evidence presented at the final hearing was legally insufficient to support the finding that the petitioner had reasonable fear that she was imminent danger of another act of dating violence. Further, the respondent’s right to a full hearing and due process were violated where he was not allowed to call his witnesses. 

Court Rulings

Some appellate courts in Florida have ruled as follows:

• Concluding that evidence was insufficient to support a finding that the appellee was in reasonable fear of imminent danger of a future act of dating violence where the appellant’s communication did not include threats of violence, and explaining that she could not rely on the past incident of violence to establish a fear of imminent future violence, and there was no evidence that he threatened or approached her;
• Another appellate court concluded that evidence was legally insufficient to support a finding that the appellate had a reasonable fear of imminent danger of another act of dating violence where there was no evidence that appellant threatened her with physical injury or violence after the last incident of dating violence, which occurred about two weeks before the final hearing; 
• Another appellate court found there was not sufficient evidence of reasonable cause to believe the appellee was in in imminent danger of another act of dating violence where she testified that she suspected the appellant was responsible for the vandalism at her home the month before the violence, but she had no proof and the trial court did not consider that allegation. Although she testified that she was afraid the appellant might try to hurt her again, there was no evidence that he ever threatened her with physical injury or violence, and there was no contact between them after the one incident of violence. 

Section 784.046 Florida Statutes creates a cause of action for an injunction for protection against dating violence. It requires that a respondent is affixed to a full hearing by the trial court, and due process requires that a respondent be allowed to have his testimony from his witnesses heard by trial court. 

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 set an initial consultation.   

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