According to Florida case law as of the date of this article, uncivil behavior or annoyance is not sufficient to obtain an injunction against domestic violence:
“While the prior incidents of domestic violence were relevant to provide context to the history of and parties’ behavior in the relationship, because of their remoteness in time, without additional allegations of a recent threat or act of violence, they cannot support the issuance of a domestic violence injunction. Phillips v. Phillips, 151 So. 3d 58, 59 (Fla. 2d DCA 2014); accord Giallanza, 787 So. 2d at 164 (reversing order granting petition to extend injunction where wife never alleged additional threats or acts of violence). Further, even assuming that Father sent the thirty-eight text messages to Mother,2 “mere uncivil behavior or annoyance is not sufficient to obtain an injunction against domestic violence.” Robinson, 257 So. 3d at 1189; see Giallanza, 787 So. 2d at 164–65 (noting that although wife was upset that husband was using parties’ children to harass her, “it is not sufficient to support any finding that she has an objectively reasonable fear that she is in imminent danger of domestic violence”). Accordingly, we conclude that Mother’s fear of imminent danger was not objectively reasonable, as Father had not recently been violent or threatened violence towards Mother. Injunctions against domestic violence are not intended to be substitutes for handling disagreements concerning parenting plans or child rearing disputes.”
See: Quinones-Dones v. Mascola – 290 So.3d 1029 (2020)
Related:
- How to Get a Restraining Order in Broward and all Florida Counties
- Recent Domestic Violence (Protection Order) Cases
- Child Support in Domestic Violence Cases in Florida
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