Two Ways to Lose Your Restraining Order (Domestic Violence Injunction) Case
Florida Law allows threatened parties to obtain a Injunction for Protection Against Domestic Violence, commonly referred to as a “retraining order”, in certain specific situations.
The West Palm Beach divorce attorneys of Nugent & Zborowski recently observed two appellate cases that involved the reversal of orders entering an Injunction for Protection Against Domestic Violence.
In Fuccio v. Durso, 35 Fla. L. Weekly D2665a (Fla. 5th DCA, Dec. 3, 2010) the court reversed an Order entering an Injunction on account of the parties not living together. In Fuccio, the Petitioner had filed a Petition for Injunction of Protection against Domestic Violence against her nephew. The Fuccio Court reversed the Order entering the Injunction, stating: “In Order to obtain the Injunction, the controlling statute, section 741.28 of the Florida Statutes (2008), requires proof that the parties are residing or have resided, together in the same single dwelling unit. Although Durso asserted in her petition that the parties had resided together in the same single dwelling unit, the undisputed testimony during the injunction hearing established that the parties had never lived together.”
Click here to see Fifth District Court of Appeal’s opinion in Fuccio.
In Sanchez v. Sanchez, 35 Fla. L. Weekly D2612b (Fla. 2D DCA, Dec. 1, 2010) the court reversed the Order entering an injunction on other grounds. The Sanchez court noted that “a circuit court may grant an injunction for protection to any person ‘who is either the victim of domestic violence…or has reasonable cause to believe he or she is in imminent danger of becoming the victim of domestic violence.” The Petitioner had testified that she thought she was in “imminent danger” of becoming a victim of domestic violence because of unproven harm to a family member- the Sanchez court determined that unproven allegations of harm to another did not establish that the Petitioner was in any “imminent danger” and thus reversed the Order granting the Injunction.
Click here to see the Second District Court of Appeal’s opinion in Sanchez.
The West Palm Beach Domestic Violence lawyers and West Palm Beach Domestic Violence attorneys of Nugent and Zborowski routinely handle both the prosecution and defense of domestic violence/restraining order cases. For more information, call 561.844.1200 or click here to arrange to speak to a attorney with Nugent & Zborowski about your domestic violence situation.
The West Palm Beach divorce lawyers of Nugent and Zborowski are West Palm Beach divorce attorneys, and also serve as Boca Raton divorce lawyers; Palm Beach Gardens divorce lawyers; Jupiter alimony attorneys; grandparents’ rights attorneys; and fathers’ rights attorneys. For more information or to schedule a consultation call (561) 844-1200 or visit the firm’s website, www.nugentlawfirm.com.