Arrestable Offenses / Crimes under Fla. Stat. 784.046
CopyCited 311 times | Published | Supreme Court of Florida | 2000 WL 178052
...ith domestic violence are located in chapter 95-182, the chapter law considered in Thompson, and chapter 95-184, the chapter law at issue here. Compare Ch. 95-182, §§ 8-10, at 1673-75 (amending section
741.31, creating section
768.35, and amending section
784.046, respectively), with Ch....
...These three sections amend various statutes relating to domestic violence, and they are the exact provisions that were included in chapter 95-182, the chapter law at issue in *626 Thompson. Compare Ch. 95-182, §§ 8-10, at 1673-75 (amending section
741.31, creating section
768.35, and amending section
784.046, respectively), with Ch....
...ence injunction, to be enforced by the court that issued the injunction. [5] Section 37 creates section
768.35, Florida Statutes, to provide a cause of action for victims of continued domestic violence. Finally, section 38 amends several portions of section
784.046, Florida Statutes, by imposing certain procedural duties on clerks of court and law enforcement officers regarding the filing and enforcement of domestic violence injunctions....
CopyCited 207 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 11353, 2011 WL 2162997
...e Coffins’ front door and rang the bell.
Cynthia Coffin answered the door and Lutz explained that he had papers to deliver
2
The injunction had been issued by the Circuit Court of Charlotte County, pursuant to
Fla. Stat. Ann. § 784.046 (West 2011). Section 784.046 allows a petitioner to obtain an
“injunction for protection in cases of repeat violence” after “two incidents of violence or stalking
[are] committed by the respondent, one of which must have been within 6 months of filing of the
petition, which are directed against the petitioner or [an] immediate family member. Fla. Stat.
Ann. § 784.046(1)(b), (2).
4
to Mr....
...ice on a different
person present at the residence.
The notion that serving a restraining order should be treated differently than
serving ordinary process finds some support both in Florida’s procedural rules and
in the language used in Section 784.046....
...must be personally
served.”) (emphasis added). By contrast, service of other documents need not be
served by a law enforcement officer. See Fla. Stat. Ann. §
48.021 (outlining the
12
general guidelines for who may serve process).10 Section
784.046 also provides,
with respect to restraining orders concerning repeat violence, that after the clerk of
court furnishes a copy of the documents to a law enforcement officer, the officer
“shall serve it upon the respondent as soon thereafter as possible on any day of the
week and at any time of the day or night.” Fla. Stat. Ann. §
784.046(8)(a)(1)
(emphasis added)....
CopyCited 67 times | Published | Supreme Court of Florida | 1999 WL 1244518
...ontinued domestic violence, in which such victims may recover both compensatory and punitive damages from the perpetrator responsible for the violence. See Ch. 95-182, § 9, at 1674. Finally, in section 10 of the chapter law, the Legislature amended section 784.046, Florida Statutes (Supp.1994), to impose certain procedural duties on clerks of court and law enforcement officers regarding the filing and enforcement of domestic violence injunctions....
CopyCited 27 times | Published | Supreme Court of Florida | 2007 WL 1437442
...Germain also filed against Cardona a Petition for Injunction for Protection against Repeat Violence (Cardona Petition). In it, Germain alleged that "Cardona is stalking me and is trying to sabotage my law practice." The petition did not allege any acts of violence or repeat violence by Cardona, as those terms are defined in section 784.046(4)(a)-(b), Florida Statutes (2004), rendering the petition meritless....
CopyCited 22 times | Published | Florida 1st District Court of Appeal | 2001 WL 85176
...PER CURIAM. Brian McMath, the appellant, seeks review of a Final Judgment of Injunction for Protection Against Repeat Violence. As the record contains no evidence of repeat violence to justify the trial court's issuance of an injunction, we reverse. Section 784.046, Florida Statutes (1999), authorizes an injunction for protection for victims of repeat violence. The statute defines repeat violence as "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition." See § 784.046(1)(b), Fla. Stat. (1999). Violence means "any assault, battery, sexual battery, or stalking by a person against any other person." See § 784.046(1)(a), Fla.Stat....
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 1990 WL 136861
...District Court of Appeal of Florida, First District. September 21, 1990. *35 Cecil E. Howard, Tallahassee, for appellant. No appearance for appellee. ERVIN, Judge. Gloria Johnson appeals an order granting appellee, Debbie Brooks, injunctive relief pursuant to the provisions of Section 784.046, Florida Statutes (1989). Appellant urges that the trial court erred in granting the injunction, because appellee had failed to demonstrate violence, as required and defined by the statute, as a basis for relief. We agree and reverse. Section 784.046 authorizes an injunction for the protection of persons who are victimized by "repeat violence." Violence is defined in the statute as "any assault, battery, or sexual battery" and repeat violence is defined in part as "two incidents of violence." §§ 784.046(1)(a)-(b), Fla....
CopyCited 15 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537
...violence. Commentary 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section
741.30, Florida Statutes (Supp. 1994) (modified by chapter 95-195, Laws of Florida), and section
784.046, Florida Statutes (Supp....
...*1085 The facts and circumstances to be alleged under subdivision (b)(1)(B) include those set forth in Florida Family Law Form 12.980(d). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section 784.046(7), Florida Statutes....
...with Family Law Form 12.901(f). If alimony or child support is sought a Financial Affidavit must be provided and completed in conformity with Family Law Form 12.901(d) or 12.901(e). Subdivision (c)(1)(A) expands chapter 95-195, Laws of Florida, and section 784.046(6)(a), Florida Statutes, to make the limitation of evidence presented at an ex parte hearing permissive rather than mandatory given the due process concerns raised by the statutory restrictions on the taking of evidence....
...Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(b)3 and (7)(c)1 and
784.046(8)(a)1, Florida Statutes....
...Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(a)3 and (7)(c)1 and
784.046(8)(c)1, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
...being duly sworn, do hereby certify that I do not have enough money to pay filing fees to the clerk of the circuit court or service fees to the Sheriff or other authorized law enforcement agencies and ask that, as allowed by section
741.30(2)(a) or section
784.046(3)(b), Florida Statutes, the fees be waived to process the petition and serve the injunction, subject to a later order of the court about the payment of those fees....
...ddress __________________________________ _____________________________________ City State Zip City State Zip The Petition for Injunction for Protection Against Domestic Violence filed under section
741.30, Florida Statutes, or Repeat Violence under section
784.046, Florida Statutes, has been reviewed. This court, based on the claims presented in the petition finds as follows: *1204 ____ The claims in the petition for injunction for protection are not enough under Florida Law (section
741.30 or
784.046, Florida Statutes) to allow the court to issue an ex parte temporary injunction against domestic/repeat violence....
CopyCited 14 times | Published | Supreme Court of Florida | 1998 WL 765134
...violence. Commentary 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section
741.30, Florida Statutes (Supp. 1994) (modified by chapter 95-195, Laws of Florida), and section
784.046, Florida Statutes (Supp.1994), respectively....
....30(6). The facts and circumstances to be alleged under subdivision (b)(1)(B) include those set forth in Florida Family Law Form 12.980(d). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section 784.046(7), Florida Statutes....
...with Family Law Form 12.901(f). If alimony or child support is sought a Financial Affidavit must be provided and completed in conformity with Family Law Form 12.901(d) or 12.901(e). Subdivision (c)(1)(A) expands chapter 95-195, Laws of Florida, and section 784.046(6)(a), Florida Statutes, to make the limitation of evidence presented at an ex parte hearing permissive rather than mandatory given the due process concerns raised by the statutory restrictions on the taking of evidence....
...Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(b)3 and (7)(c)1 and
784.046(8)(a)1, Florida Statutes....
...Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(a)3 and (7)(c)1 and
784.046(8)(c)1, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 2014 WL 948886, 2014 Fla. App. LEXIS 3493
...We agree and reverse. Newly-enacted section
784.0485, Florida Statutes (2012), provides injunctive relief from stalking. 1 Given the statute’s recent enaction, support for our holding comes from cases analyzing allegations of stalking in the context of section
784.046, which applies to injunctions for protection against repeat violence, sexual violence, and dating violence....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 2008 WL 2167866
...Wilson of the Law Office of Gary Baker, P.A., Callahan, for Appellant. No appearance for Appellee. THOMAS, J. Appellant seeks review of a final judgment of injunction for protection against repeat violence. This case presents an issue of first impression: whether section 784.046(1)(b), Florida Statutes (2006), authorizes an injunction for repeat violence where the petitioner is a victim of stalking, which by statutory definition must include repeated acts of following or harassment. Here, Appellant stalked Appellee, the victim, by following her and then harassing her at work. We hold that section 784.046(1)(b), Florida Statutes, authorizes an injunction for protection against repeat violence where a person commits stalking against the petitioner. We base our holding on the statutory definitions of repeat violence and stalking, and on the canons of statutory construction. If we were to hold that section 784.046(1)(b) requires two incidents of stalking, a person would be allowed to follow or harass a victim at least four times before a court could issue a protective injunction....
...Accordingly, we do not interpret the statute in the light most favorable to Appellant; rather, we must determine whether the relevant language is susceptible to competing meanings, and if so, we must apply the relevant and compelling rules of statutory construction. A. Statutory Definition of Repeat Violence and Stalking Section 784.046(2), Florida Statutes (2006), creates a cause of action for protection against repeat violence, dating violence, and sexual violence, and provides an injunctive remedy to protect victims from the dangers associated with repeated acts of violence or stalking. Section 784.046(1), Florida Statutes (1994), defined violence and repeat violence as follows: (a) "Violence" means any assault, battery, or sexual battery by a person against any other person....
...Repeat violence is now defined as follows: (b) "Repeat violence" means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner.... § 784.046(1)(b), Fla....
...We believe the Second District's analysis is relevant in our interpretation of the repeat violence injunction statute, which we discuss in more detail below. Appellant argues that the injunction statute requires at least two acts of stalking. If the phrase "two incidents of violence or stalking" in section 784.046(1)(b), Florida Statutes, is read to mean "two incidents of stalking, " Appellant would be correct; however, we do not think the statute can be reasonably read in this manner. Before addressing the relevant canons of statutory construction, we first note that in the operative phrase of section 784.046(1)(b), the adjective "two" is placed immediately before the noun phrase "incidents of violence," and not before the word "stalking." If the legislature intended to require "two incidents of stalking," it could have easily said so by s...
...We think the more sound reading of the statute leads to the conclusion that the legislature added the phrase "or stalking" to ensure that victims who had already *1220 suffered repeated acts of following or harassment could obtain protective injunctions under section 784.046, Florida Statutes (2006)....
...4th DCA 1994)), but we do not find the analysis here sufficiently compelling. To rely on this staff analysis would elevate that document over well-established public policy enacted by the legislature three years earlier. Conclusion Thus, based on the 1995 amendment to section 784.046, Florida Statutes, we affirm the trial court's ruling issuing the injunction for protection against repeat violence....
...DAVIS, J., dissenting. Because I conclude that the issuance of an injunction for protection against repeat violence requires more than one incident of stalking, I respectfully dissent. It is important to note that the definition of "violence" includes stalking. See § 784.046(1)(a), Fla. Stat. (2006). It is also important to note that the Legislature did not create a cause of action for an injunction for protection against violence. Rather, it created a cause of action for an injunction for protection against repeat violence. See § 784.046(2), Fla....
..."Repeat violence" is defined as "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member." See § 784.046(1)(b), Fla....
...The legislative staff analysis is an indication of the Legislature's intent in this case. See Fla. S. Comm.Crim. Just., CS for SB 2216 (1995) (April 26, 1995) "Stalking would also be added to the definition of `violence' and `repeat violence' i[n] s. 784.046, F.S....
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...3d DCA 2015) (referring to " [e]ach incident of stalking") (emphasis in original); Touhey v. Seda ,
133 So.3d 1203 , 1204 (Fla. 2d DCA 2014) (requiring "each incident of stalking" to be proved). Apparently, this two-incident requirement was adopted based upon "guidance" from the repeat violence statute-section
784.046, Florida Statutes -"which defines repeat violence as ' two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member.' " Wyandt v....
...2d DCA 2014) (emphasis added); see also David v. Textor ,
189 So.3d 871 , 874-75 (Fla. 4th DCA 2016) (" Section
784.0485, Florida Statutes (2014), allows an injunction against stalking, including cyberstalking. The statute must be read in conjunction with section
784.046(1)(b), Florida Statutes (2014), which requires at least two incidences of stalking to obtain an injunction."); *1145 Leach v. Kersey ,
162 So.3d 1104 , 1106 (Fla. 2d DCA 2015) (holding that the stalking "statute is analyzed with guidance from the statute governing injunctions against repeat violence, section
784.046"); Touhey ,
133 So.3d at 1203 ("Given the [stalking] statute's recent enaction, support for our holding comes from cases analyzing allegations of stalking in the context of section
784.046, which applies to injunctions for protection against repeat violence, sexual violence, and dating violence.") (footnote omitted)....
...other person. §
784.048(2), Fla. Stat. Equally important, section
784.0485 makes no reference to the provisions of the repeat violence statute; does not mandate "guidance" from the repeat violence provisions; and, independent of the requirements of section
784.046, creates a "cause of action for an injunction for protection against stalking." §
784.0485(1), Fla....
...mposition of an injunction for protection against stalking. Consequently, the final judgment is reversed. REVERSED . Lewis and Ray, JJ., concur. In concluding that support for its holding came from analyzing allegations of stalking in the context of section 784.046, the Second District in Touhey drew inspiration from the staff analysis of Senate Bill 950-the precursor to chapter 2012-153, §§ 3, 6, Laws of Fla....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2002 WL 272282
...After Nowicki died in March 1996, the once friendly relationship between DiCarlo and Curry disintegrated into a series of complaints and injunctions. Curry then moved to a new residence. On June 19, 1996, DiCarlo obtained an ex parte temporary injunction against Curry pursuant to section 784.046, Florida Statutes....
...Based on facts set forth above, the jury convicted Curry of aggravated stalking. The aggravated stalking statute, section
784.048(4), Florida Statutes (2000), provides: Any person who, after an injunction for protection against repeat violence pursuant to s.
784.046, or an injunction for protection against domestic violence pursuant to s....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2006 WL 1155140
...Appellant, Marcia Sorin (Sorin), seeks review of a Final Judgment of Injunction for Protection Against Repeat Violence entered against her. We reverse. The issue in this case is whether the trial court erred in issuing a final judgment for protection against repeat violence, pursuant to section 784.046(1)(a) & (b), Florida Statutes (2004), when the petition failed to allege violence and no testimony or evidence of violence or "repeat violence" was presented....
...Sorin argues that the petition for an injunction was erroneously granted without an evidentiary hearing. Even though she failed to attend the hearing, our review of the record shows there was one. Thus, there is no merit to this argument. She also argues that the petition was deficient pursuant to section 784.046, Florida Statutes, because it did not allege two incidents of violence. This argument has merit. Section 784.046 creates a cause of action for an injunction for protection against repeat violence. See § 784.046(2), Fla....
...(b) "Repeat violence" means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member. § 784.046(1)(a) & (b), Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 2548, 2010 WL 711745
...vacated or modified. Some cases seem to require the movant to allege and prove a change in circumstances. See Knight v. Waters,
786 So.2d 1289 (Fla. 1st DCA 2001) (affirming order denying a motion to modify or dissolve a protective injunction under section
784.046 because the motion did not assert a change in circumstances); Simonik v....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 42 Media L. Rep. (BNA) 1224, 2014 WL 443977, 2014 Fla. App. LEXIS 1436
...n improperly burdens Ms. Chevaldina’s speech more than necessary, attempts to enjoin future defamation, and fails to put Ms. Chevaldina on notice as to what she may or may not do under the injunction. B. Injunction Against Stalking and Trespassing Section 784.046, Florida Statutes (2012), provides that a person may obtain an injunction for protection in cases involving repeat violence and requires that a sworn petition include specific facts and circumstances to form the basis upon which relief is sought....
...The term “harass” is defined as engaging in a series of acts over a period of time “directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.” §
784.048(2). The trial court, pursuant to section
784.046, may rely upon a verified pleading and affidavit, and “[w]hen it appears to the court that an immediate and present danger of violence exists, the court may grant a temporary injunction which may be granted in an ex parte hearing, pending a full hearing, and may grant such relief as the court deems proper.” §
784.046(6)(a). In the present case, there was no testimony regarding the temporary injunction against stalking and trespassing, and the affidavits and verified pleadings fail to form the basis upon which relief is sought in accordance with section
784.046(4)(a)....
...Chevaldina had come in close proximity of their place of business for the purposes of harassing. The appellees argue that Ms. Chevaldina’s blog posts constituted “cyber-stalking” and therefore provided “incidents of violence,” i.e., stalking, as to justify an injunction pursuant to section 784.046....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 24 Fla. L. Weekly Fed. D 2648
...engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose. . . . "(4) Any person who, after an injunction for protection against repeat violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s....
...12.610(c)(2)(A) ("The temporary and permanent injunction forms in these rules for repeat and domestic violence injunctions shall be the forms used in the issuance of injunctions under chapters 741 and 784, Florida Statutes."). [emphasis supplied] [3] See § 784.046(2)(a), Fla....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 2008 WL 183645
...acts of noise nuisance and vandalism of property, resulting in [Aresty] and his wife fearing for their safety." The trial court denied the ex parte petition, finding that the allegations failed to meet the statutory criteria for an injunction under section 784.046 of the Florida Statutes (2007)....
...The court concluded that Aresty had established stalking under the statute. The Statutes The trial court correctly found that assault and battery did not occur, though pled. Aresty rested his evidence of "violence" and his legal theory upon acts of *1134 "stalking" under sections
784.046 and
784.048 of the Florida Statutes (2007)....
...We remand the case to the trial court with directions to afford Aresty an opportunity to further amend his petition to specify the details of the acts alleged to constitute stalking and statutory violence, and for a new trial on the claims as amended. Reversed and remanded. NOTES [1] Section 784.046, Florida Statutes (2007)....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2005 WL 3236640
...The appellant, Alejandro Santiago, Jr., appeals the granting of a permanent injunction for protection against repeat violence rendered in favor of the appellee, Kelly Towle. Because the record does not support a finding of two incidents of violence or stalking, as required by the applicable statute, we reverse. Section 784.046, Florida Statutes (2005), grants a victim of repeat violence the right to seek a protective injunction....
...Violence is defined by the statute as "assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person." § 784.046(1)(a), Fla....
...Repeat violence is defined as "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member." § 784.046(1)(b), Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 14981, 2011 WL 4374510
...The trial court disagreed, finding that there was a break of five minutes between the incidents and one occurred outside the lobby and the second one inside the lobby. Finding two separate acts, the court entered the injunction, requiring Levy to stay at least twenty feet away from Jacobs at all times. Levy appeals. Section 784.046(2), Florida Statutes (2009), creates a cause of action for an injunction for protection against repeat violence....
..."Violence" is defined under the statute as "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person." § 784.046(1)(a), Fla....
..."Repeat violence" is defined as "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of *405 the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member." § 784.046(1)(b), Fla....
...etermine whether each alleged act of violence is supported by competent, substantial evidence. Shocki v. Aresty,
994 So.2d 1131, 1132 (Fla. 3d DCA 2008). Multiple acts stemming from a single violent incident do not constitute "repeat violence" under section
784.046 where those acts were not separated by time or distance....
...After a brief pause, Darrow came at Moschella again, but was restrained by other golfers. Id. at 1069. The trial court entered an injunction for protection against repeat violence against Darrow. On appeal, this court reversed the injunction, holding that the case did not involve "repeat violence" within the meaning of section 784.046. Id. at 1068. This court reasoned that there was only one "incident" of violence within the meaning of section 784.046(1)(b), and explained: "The stages of Darrow's confrontation with Moschella were not separated by time or distance....
...this case, rather than a single continuous incident of violence. As this was a finding of fact for which there was competent substantial evidence, we uphold the trial court's ruling. Because this case involved "repeat violence" within the meaning of section 784.046(1)(b), there was a legal basis for the injunction....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2001 WL 1175340
...The next day, LaMarr returned to Lang's home to retrieve his tools. LaMarr and Lang again discussed their dispute and, according to Lang, LaMarr again became enraged and threw a book at her. Fearing for her safety, Lang sought an injunction for protection against repeat violence pursuant to section 784.046, Florida Statutes (2000)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2005 WL 562786
...Although the complained-of correspondence Poindexter sent to Springer was certainly annoying, even creepy, and possibly detrimental to her career, it was not enough to satisfy the requirements for entering a permanent injunction against violence pursuant to section 784.046(2), Florida Statutes (2003)....
...It entered an injunction against repeat violence against Poindexter. [1] An injunction against repeat violence may be entered if, in the six months preceding the filing of the petition, the respondent has committed against the petitioner at least two incidents of violence or stalking. § 784.046(1)(b)....
...er's petition. NORTHCUTT and SILBERMAN, JJ., Concur. NOTES [1] It should be noted that the trial court correctly found the facts alleged in Springer's petition for injunction against repeat violence insufficient to enter a temporary injunction under section 784.046(6)(a), Florida Statutes (2003)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1998 WL 406587
...They have obtained mutual injunctions against repeat violence in the past. Appellant was enjoined, by the order which he appeals, from photographing or videotaping the appellees or pretending to do so. He argues that the injunction is unconstitutional because it violates the First Amendment. We affirm. Section 784.046, Florida Statutes (1997) authorizes the issuance of injunctions to prevent repeat violence, which is defined under subsection 1(b) as follows: "Repeat violence" means two incidents of violence or stalking committed by the respondent,...
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2003 WL 22657989
...er half-way across the country. Marrs believed that Huch was delusional, that his obsessive behavior was increasing, and that his behavior had the potential to escalate. In July of 2002, Marrs filed a petition for injunction against Huch pursuant to section 784.046, Florida Statutes (2001)....
...All fifty states and the District of Columbia now have stalking statutes. Florida's "repeat violence statute," provides that a trial court may issue an injunction when a respondent commits two incidents of violence or an incident of stalking directed against the petitioner or the petitioner's immediate family. Section 784.046(1)(b), Florida Statutes (2001)....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 177, 2016 WL 64743
...District Court
in Nevada, a suit which continues. Pulse countered by filing a business
tort suit against David in California in June 2014, which eventually was
dismissed.
In July 2014, Textor filed an ex parte petition for protection pursuant
to sections
784.046 and
784.0485, Florida Statutes (2014), which concern
cyberstalking....
...iolates the First
Amendment, we reverse and do not further address the issue of
jurisdiction.
Section
784.0485, Florida Statutes (2014), allows an injunction against
stalking, including cyberstalking. The statute must be read in conjunction
with section
784.046(1)(b), Florida Statutes (2014), which requires at least
two incidences of stalking to obtain an injunction....
CopyCited 7 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 105, 1998 Fla. LEXIS 475, 1998 WL 166533
...violence. Commentary 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section
741.30, Florida Statutes (Supp. 1994) (modified by chapter 95-195, Laws of Florida), and section
784.046, Florida Statutes (Supp.1994), respectively....
....30(6). The facts and circumstances to be alleged under subdivision (b)(1)(B) include those set forth in Florida Family Law Form 12.980(d). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section 784.046(7), Florida Statutes....
...with Family Law Form 12.901(f). If alimony or child support is sought a Financial Affidavit must be provided and completed in conformity with Family Law Form 12.901(d) or 12.901(e). Subdivision (c)(1)(A) expands chapter 95-195, Laws of Florida, and section 784.046(6)(a), Florida Statutes, to make the limitation of evidence presented at an ex parte hearing permissive rather than mandatory given the due process concerns raised by the statutory restrictions on the taking of evidence....
...Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(b)3 and (7)(c)1 and
784.046(8)(a)1, Florida Statutes....
...Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction *25 for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(a)3 and (7)(c)1 and
784.046(8)(c)1, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
..._____________________________, certify that I do not have enough money to pay filing fees to the Clerk of the Circuit Court or service fees to the sheriff or other authorized law enforcement agency and ask that, as allowed by section
741.30(2)(a) or section
784.046(3)(b), florida Statutes, the fees be waived subject to a later order of the Court about the payment of those fees....
...ORDER SETTING HEARING ON THE PETITION FOR INJUNCTION FOR PROTECTION AGAINST ( ) DOMESTIC VIOLENCE ( ) REPEAT VIOLENCE WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION *276 The Petition for Injunction for Protection Against Domestic Violence filed under section
741.30, Florida Statutes, or Repeat Violence under section
784.046, Florida Statutes, has been reviewed....
...hat apply] ___ Petitioner failed to appear at the hearing scheduled in this cause. ___ Petitioner appeared at the hearing but desires to voluntarily dismiss this action. ___ The evidence presented is insufficient under Florida law (section
741.30 or
784.046, Florida Statutes) to allow the Court to issue an injunction for protection against domestic or repeat violence....
...Litigants" found at the beginning of these forms. The words that are in "bold underline" are defined in that section. The clerk of the circuit court or family law intake staff will help you complete any necessary forms. For further information, see section 784.046, Florida Statutes, and rule 12.610, Florida Family Law Rules of Procedure....
...________________ __________________________________, Petitioner, and __________________________________, Respondent. TEMPORARY INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE The Petition for Injunction for Protection Against Repeat Violence under section 784.046, Florida Statutes, and other papers filed in this Court have been reviewed....
...___, { telephone } ____________, within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call TDD 1-800-955-8771. SECTION II. FINDINGS The statements made under oath by Petitioner make it appear that section 784.046, Florida Statutes, applies to the parties, that Petitioner is a victim of repeat violence and that an immediate and present danger exists to Petitioner or to a member of Petitioner's immediate family....
...____________________________, Petitioner, and __________________________________, Respondent. FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE (AFTER NOTICE) The Petition for Injunction for Protection Against Repeat Violence under section 784.046, Florida Statutes, and other papers filed in this Court have been reviewed....
...Other directives relating to firearms and ammunition: ___________________ ____________________________________________________________________________ ____________________________________________________________________________ *310 4. Court Costs. Pursuant to section 784.046(3)(b), Florida Statutes, filing fees to the Clerk of the Circuit Court and the service fees to the sheriff are waived, subject to subsequent order of the court; OR costs in the amount of $______ for the filing fee, plus $______ for th...
...the Court as follows: ___ Ex parte. The claims in the petition for extension of injunction for protection make it appear to the Court that there is an immediate and present danger of domestic and repeat violence, as required under section
741.30 or section
784.046, Florida Statutes, the previously entered injunction is extended until { date } _______________, A full hearing on the petition is scheduled for { date } ______________ at __________ a.m./p.m....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2012 WL 516183, 2012 Fla. App. LEXIS 2456
...Barile has failed to *1087 preserve them for review by contemporaneous objection. See Jarkesy v. Daniels,
58 So.2d 516 (Fla.1952). Mr. Barile's third issue has merit and mandates reversal. Ms. Gayheart's petition claimed entitlement to an injunction based upon acts of repeat violence. See §
784.046, Fla....
...antic relationship with overnight visits is required."). Because Mr. Barile was denied due process, we reverse and remand with instructions to vacate the injunction. Reversed and remanded with instructions. WALLACE and LaROSE, JJ., Concur. NOTES [1] Section 784.046(1)(b), Florida Statutes (2010), defines "repeat violence" as "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the...
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 13735, 2011 WL 3820162
CASANUEVA, Judge. Micah Jones appeals an order granting Lawrence Jackson an injunction for protection against repeat violence. Mr. Jones argues that his actions did not constitute repeat violence under section 784.046, Florida Statutes (2009), because there was no competent, substantial evidence that his actions amounted to stalking. We agree and reverse. Section 784.046 provides injunctive relief from repeat violence for “two incidents of violence or stalking.” Willful, malicious, and repeated harassment constitutes stalking....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2004 WL 2534330
...We reverse the final judgment of injunction for protection against repeat violence entered against Gagnard. Although Gagnard's argumentative behavior toward the victim in two separate instances was extremely uncivil and threatening in tone, it fell short of meeting the legal requirement of repeat "violence." See § 784.046(1)(a), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2001 WL 313697
...le John D. Wessel, Judge of the Circuit Court. GROSS, J. Carl Jenkins appeals his conviction for direct criminal contempt for refusing to answer questions posed to him in a hearing concerning an injunction for protection against repeat violence. See § 784.046, Fla....
...Based on the sworn petition, the trial court entered an ex parte temporary injunction on April 28, 2000. The judge extended the temporary injunction on May 11, 2000. On June 1, 2000, the court held an evidentiary hearing regarding the entry of a permanent injunction under section 784.046(7)....
...pril 24. No portion of Jenkins's testimony even touched on the April 24 sexual assault. The sole purpose of Jenkins's testimony was to show that there was no incident of repeat violence on April 26, so that there was no basis for an injunction under section 784.046....
...The trial court was therefore without the power to compel his answers through the contempt sanction. Jenkins's conviction for criminal contempt is reversed. On the remaining issue, the trial court erred in entering a permanent injunction, since there was no proof of "repeat violence" within the meaning of section
784.046(1)(b), Florida Statutes (2000). There was no incident of violence other than the one that occurred on April 24. The events of April 26 do not constitute "violence" as defined by section
784.046(1)(a); there was no stalking as the term is used in section
784.048, Florida Statutes (2000)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2141830
...e was to have no contact with Lisa Renee Melcher. We conclude that competent, substantial evidence does not support the final judgment and reverse. Ms. Melcher filed a petition for injunction for protection against repeat violence in accordance with section 784.046, Florida Statutes (2006)....
...The statute creates a cause of action for a victim of "repeat violence" which is defined as "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member." § 784.046(1)(b)....
..."Violence" is defined as "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person." § 784.046(1)(a)....
...Smith pointed his finger at her and shook his head only one time. This act did not constitute stalking because the statute requires repeated acts. See §
784.048(2). Further, the act did not otherwise qualify as an act of violence because it was not an assault or any other offense listed in section
784.046(1)(a)....
...t was an act of violence against Ms. Melcher, the second incident is not so supported. An injunction *503 for protection against repeat violence is properly entered only when there are two incidents of violence within the designated time period. See § 784.046(1)(b)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2002 WL 113290
...January 30, 2002. Osborne Walker O'Quinn of Osborne Walker O'Quinn, P.A., Fort Pierce, for appellant. No appearance for appellee. GROSS, J. Tony Darrow appeals a final judgment of injunction for protection against repeat violence entered pursuant to section 784.046, Florida Statutes (2000). We reverse, because this case did not involve "repeat violence" within the meaning of section 784.046(1)(b), so there was no legal basis for the injunction....
...Darrow then approached Moschella again. The brim of his hat hit Moschella's forehead. Moschella knocked the hat off and then Darrow hit him five or six times. After a brief pause, Darrow came at Moschella again, but was restrained by other golfers. Section 784.046(2) creates a cause of action for an injunction for protection in cases of "repeat violence." Section 784.046(1)(b) defines repeat violence: "Repeat violence" means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member. In this case there was only one "incident" of violence within the meaning of section 784.046(b)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2011 WL 1501049
PER CURIAM. These cases, which we consolidate for purposes of this opinion, involve permanent injunctions against repeat violence entered against Andrea Power and Charles Fulford based on petitions filed by Richard and Martha Boyle under section 784.046, Florida Statutes (2010)....
...Boyle acknowledged the confrontation and that she was upset at the time, but denied threatening to throw her coffee at Ms. Power. On October 11, 2010, Mr. and Mrs. Boyle each filed separate petitions for injunction against Ms. Power and Mr. Ful-ford under section 784.046....
...Boyle) and two against Mr. Fulford (one in favor of Mr. Boyle, and one in favor of Mrs. Boyle). In explaining its decision to enter the injunctions, the trial court recognized that “this case does not fall within the purview of our most ordinary uses of [section 784.046],” but the court reasoned that an injunction is necessary “to keep the peace” between the parties and that the circumstances of this case “fall[] within the broader purview of the statute” because of the harassing nature of the incidents described by the Boyles. These timely appeals followed. Section 784.046 authorizes the trial court to enter injunctions for protection against repeat violence....
...The statute does not allow the trial court to enter injunctions simply “to keep the peace” between parties who, for whatever reason, are unable to get along and behave civilly towards each other. See Home v. Entires,
61 So.3d 428, 429 (Fla. 1st DCA 2011) (reversing “no contact order” entered pursuant to section
784.046 and observing that “even courts of general jurisdiction are without plenary power to enjoin citizens to remain on good behavior”); Polanco v....
...ves, [citations omitted] These statutory provisions are not a panacea to be used to cure all social ills. In fact, nowhere in the statutory catalog of improper behavior is there a provision for court-ordered relief against uncivil behavior. ...”). Section 784.046 defines repeat violence as “two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046(l)(b), Fla....
...The statute defines violence to mean “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death.” § 784.046(l)(a), Fla....
...State,
659 So.2d 235, 238 (Fla.1995), for the proposition that a reasonable person standard applies in determining whether an incident causes substantial emotional distress so as to constitute harassment). The trial court’s finding of two incidents of violence or stalking required for an injunction under section
784.046 must be supported by competent substantial evidence....
...Boyle testified that he has “never had one problem with [Mr.] Fulford.” The guilt-by-association-with-Ms. Power justification offered by Mr. Boyle for the petition against Mr. Fulford is not a legitimate basis for the issuance of an injunction under section 784.046. The incidents involving Ms. Power were immature and uncivil, and we do not in any way condone her behavior towards the Boyles. However, these incidents do not constitute violence or stalking for purposes of an injunction under section 784.046....
...Power’s employer, but claimed that she did so only because the employer solicited her opinion about Ms. Power.) The Boyles argue that the injunctions against Ms. Power and Mr. Fulford should be affirmed based on this court’s decision in Lukács because, in that case, the court *500 affirmed an injunction under section 784.046 based on a single incident of stalking....
...Power was yelling obscenities at the Boyles’ home, we are not persuaded that these incidents would cause a reasonable person to believe that physical violence was imminent. In sum, because the evidence presented in support of the petitions was legally insufficient to support an injunction under section 784.046, the trial court erred in entering the permanent injunctions for protection against repeat violence against Ms....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2012 WL 3930370, 2012 Fla. App. LEXIS 15112
...Reynolds,
55 So.3d 716 (Fla. 1st DCA 2011), as implicitly approving the finding that “offensive email, hacking into another person’s email account, deleting email or changing an email signature,” could be grounds for a repeat-violence injunction under section
784.046(2), Florida Statutes (2009), this court held in that case that the petitioner had failed to show that the respondent was the perpetrator of the incidents alleged....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2003 WL 22399539
...Izquierdo, for appellant. Elaine Soffer Siegel, in proper person. Before GREEN, FLETCHER, and WELLS, JJ. GREEN, J. On this appeal, Jose Manuel Perez asserts that the trial court erroneously issued a temporary injunction for protection against repeat violence pursuant to section 784.046, Florida Statutes (2002), [1] where *354 neither the petition nor the proof supported two incidents of violence as required under the statute....
...Based upon these averments, the trial court issued an ex parte temporary injunction and thereafter conducted an adversarial hearing. Prior to the hearing, Perez filed a motion to dismiss the petition and the temporary injunction due to Siegel's failure to aver two separate incidents of violence as required under section 784.046(1)(b) and (2)....
...At the conclusion of the hearing, the lower court declined to enter a permanent injunction but issued a five and a half month temporary injunction. This appeal followed. An injunction against repeat violence must be based upon two separate incidents of violence pursuant to section 784.046(1)(b) and (2), Florida Statutes....
...1st DCA 1990) ("A person's mere intention to commit an assault is not enough; there must be some overt act sufficient to demonstrate a threat directed at the person placed in fear."). In the absence of two separate qualifying instances of violence as defined in section 784.046(1)(a), we conclude that the trial court erred in granting the temporary injunction....
...been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member. * * * (2) There is created a cause of action for an injunction for protection in cases of repeat violence.... § 784.046, Fla. Stat. (2002). [2] Siegel uses the word "aggression" (a word which does not appear in section 784.046) in her brief, but it appears that she means "assault." She states, [an] aggression can be caused by someone threatening an individual by indicating that they will do some type of physical harm such as "I am going to kill you"....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1999 WL 821009
...Utley and Baez-Camacho had a business relationship which soured leaving bad feelings between them. Baez-Camacho, by alleging certain threatening acts committed by Utley, was able to obtain a temporary injunction with a due process hearing to follow. See section 784.046, Fla....
CopyCited 5 times | Published | District Court, M.D. Florida | 2003 WL 21448269
...out bail ... THIS INJCUNTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION
901.15(6), FLORIDA STATUTES. * * * * * * REPEAT VIOLENCE: A Law Enforcement Officer acting in good faith under Section
784.046, F.S., and the officer's employing agency shall be immune from all liability, civil or criminal, that might otherwise be incurred or imposed by reason of the officer's or agency's actions in carrying out the provisions of Section
784.046, F.S....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2013 WL 1891323, 2013 Fla. App. LEXIS 7355
...Donald Goudy challenges the final judgment of injunction for protection against repeat violence entered in favor of Vicky-Jo Duquette. Mr. Goudy argues that there was insufficient evidence of violence or stalking to support the injunction. We agree and reverse. Injunctive relief from repeat violence is available pursuant to section 784.046, Florida Statutes (2011)....
...Repeat violence is defined as “two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or petitioner’s immediate family member.” § 784.046(l)(b)....
...However, a single incident composed of multiple actions is not a course of conduct. See Smith,
975 So.2d at 502-03 ; Poindexter v. Springer,
898 So.2d 204, 207 (Fla. 2d DCA 2005). “Multiple acts stemming from a single violent incident do not constitute ‘repeat violence’ under section
784.046 where those acts were not separated by time or distance.” Levy v....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1828070
...Jana Jay Malen, Naples, for Appellant. No appearance for Appellee. WHATLEY, Judge. Bruce Slack appeals a final judgment of injunction for protection against repeat violence. He contends that there was no evidence establishing acts of repeat violence as defined in section 784.046, Florida Statutes (1997). We agree and reverse. Section 784.046 provides that a person may obtain an injunction for protection in cases involving repeat violence. Repeat violence is defined as two incidents of stalking or violence. [1] § 784.046(1)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2014 WL 2783463, 2014 Fla. App. LEXIS 9394
...Alderman appeals a final judgment of injunction for protection against dating violence. Because Faylene A. Thomas did not demonstrate that she had reasonable cause to believe she is in imminent danger of becoming the victim of another act of dating violence, we reverse the final judgment of injunction. 1 Section 784.046(2)(b), Florida Statutes (2012), provides in pertinent part: 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,...
...In either case, the person must have reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of dating violence in the future. See Acevedo v. Williams,
985 So.2d 669, 669-70 (Fla. 1st DCA 2008) (noting that “in cases of dating violence,” section
784.046(2)(b) “permits any person who is a victim of such violence ......
...estimony regarding the incident in August 2012, the entirety of her testimony regarding Alderman’s behavior was eonclusory and vague. Thomas did testify that Alderman had “stalked” her, and stalking is considered “violence” for purposes of section 784.046. See § 784.046(l)(a)....
...Florida Family Law Rule of Procedure Form 12.980(n) provides in section III, paragraph 8, for a petitioner to explain how he or she “genuinely fears dating violence by Respondent,” but there is no mention of a fear of “imminent danger of becoming the victim of an act of dating violence,” as required under section 784.046(2)(b)....
...We suggest that the Family Law Rules Committee examine form 12.980(n) to determine if it is in need of amendment. Reversed and remanded. ALTENBERND and WALLACE, JJ., Concur. . Thomas has chosen not to appear in this appeal. . We note that "[s]ection 784.046(2) contains three separate and distinct causes of action” for injunctions against violence and that "each cause of action contains allegations that differ from the other two.” Morrell v....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2007 WL 2274428
...District Court of Appeal of Florida, Fifth District. August 10, 2007. Bart Schneider, of Bart Schneider, P.A., Orlando, for Appellant. No Appearance for Appellee. PER CURIAM. We reverse the final judgment of injunction for protection against repeat violence entered pursuant to section 784.046, Florida Statutes (2006)....
...wear either witness and did not permit the appellant, Kimberly Ohrn, to call a witness who could have offered testimony to support her version of the incidents that had occurred between the parties. These actions constituted a due process violation. Section 784.046, Florida Statutes (2006), requires a "full hearing" prior to entering a permanent injunction against repeat violence....
...ents of fundamental due process concerning the procedures to be utilized in making critical decisions of this nature. See Lewis v. Lewis,
689 So.2d 1271 (Fla. 1st DCA 1997). REVERSED AND REMANDED. ORFINGER, MONACO and EVANDER, JJ., concur. NOTES [1] Section
784.046(6)(a), Florida Statutes (2006), which governs injunctions for repeat violence, states, in pertinent part: (6)(a) When it appears to the court that an immediate and present danger of violence exists, the court may grant a temporary inj...
CopyCited 4 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932
...violence. Commentary 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section
741.30, Florida Statutes (Supp.1994) (modified by chapter 95-195, Laws of Florida), and section
784.046, Florida Statutes (Supp.1994), respectively....
...The facts and circumstances to be alleged under subdivision (b)(1)(B) include those set forth in Florida Family Law FormFlorida Supreme Court Approved Family Law Form 12.980(d). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section 784.046(7), Florida Statutes....
...support is sought a Financial Affidavit must be provided and completed in conformity with Florida Family Law Rules of Procedure Form 12J)Q-l-(-d-)12.902(b) or l£9Q-l-(-e-)12.902(c). Subdivision (c)(1)(A) expands chapter 95-195, Laws of Florida, and section 784.046(6)(a), Florida Statutes, to make the limitation of evidence presented at an ex parte hearing permissive rather than mandatory given the due process concerns raised by the statutory restrictions on the taking of evidence....
...Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(b)3 and (7)(c)l and
784.046(8)(a)l, Florida Statutes....
...Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic *31 violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(a)3 and (7)(c)l and
784.046(8)(c)l, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
...TEMPORARY INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE IN THE CIRCUIT COURT OF THE_JUDICIAL CIRCUIT, IN AND FOR_COUNTY, FLORIDA Case No.:_ Division:_ Petitioner, and Respondent. TEMPORARY INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE The Petition for Injunction for Protection Against Repeat Violence under section 784.046, Florida Statutes, and other papers filed in this Court have been reviewed....
...Please contact {name} _, {address} _, {telephone}_, within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call TDD 1-800-955-8771. SECTION II. FINDINGS The statements made under oath by Petitioner make it appear that section 784.046, Florida Statutes, applies to the parties, that Petitioner is a victim of repeat violence and that an immediate and present danger of repeat violence exists to Petitioner or to a member of Petitioner’s immediate family....
...s within ten (10) days of the change. All further papers (excluding pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 784.046, Florida Statutes....
...L CIRCUIT, IN AND FOR_COUNTY, FLORIDA *65 Case No.: - Division: _ Petitioner, and Respondent. FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE (AFTER NOTICE) The Petition for Injunction for Protection Against Repeat Violence under section 784.046, Florida Statutes, and other papers filed in this Court have been reviewed....
...Respondent shall not use or possess a firearm or ammunition. —. b. Respondent shall surrender any firearms and ammunition in the Respondent’s possession to the_County Sheriffs Department. — c. Other directives relating to firearms and ammunition: _ 4.Court Costs. Pursuant to section 784.046(3)(b), Florida Statutes, filing fees to the Clerk of the Circuit Court and service fees to the sheriff are waived, subject to subsequent order of the court; OR costs in the amount of $_ for the filing fee, plus $_for the sheriffs fee,...
...s within ten (10) days of the change. All further papers (excluding pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 784.046, Florida Statutes....
...l legal name of petitioner} -- certify that I do not have enough money to pay filing fees to the Clerk of the Circuit Court or service fees to the sheriff or other authorized law enforcement agency and ask that, as allowed by section
741.30(2)(a) or section
784.046(3)(b), Florida Statutes, the fees be waived subject to a later order of the Court about the payment of those fees....
...TECTION AGAINST ( ) DOMESTIC VIOLENCE ( ) REPEAT VIOLENCE WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION The Petition for Injunction for Protection Against Domestic Violence filed under section
741.30, Florida Statutes, or Repeat Violence under section
784.046, Florida Statutes, has been reviewed....
...all that apply] _ Petitioner failed to appear at the hearing scheduled in this cause. _ Petitioner appeared at the hearing but desires to voluntarily dismiss this action. _ The evidence presented is insufficient under Florida law (section
741.30 or
784.046, Florida Statutes) to allow the Court to issue an injunction for protection against domestic or repeat violence....
...ants” found at the beginning of these forms. The words that are in “bold underline” are defined in that section. The clerk of the circuit court or family law intake staff will help you complete any necessary forms. For further information, see section 784.046, Florida Statutes, and rule 12.610, Florida Family Law Rules of Procedure....
...TEMPORARY INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE IN THE CIRCUIT COURT OF THE_JUDICIAL CIRCUIT, IN AND FOR_COUNTY, FLORIDA [[Image here]] TEMPORARY INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE The Petition for Injunction for Protection Against Repeat Violence under section 784.046, Florida Statutes, and other papers filed in this Court have been reviewed....
...Please contact {name} -, {address} _, {telephone} _, within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call TDD 1-800-955-8771. SECTION II. FINDINGS The statements made under oath by Petitioner make it appear that section 784.046, Florida Statutes, applies to the parties, that Petitioner is a victim of repeat violence and that an immediate and present danger of repeat violence exists to Petitioner or to a member of Petitioner’s immediate family....
...s within ten (10) days of the change. All further papers (excluding pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 784.046, Florida Statutes....
...THE_JUDICIAL CIRCUIT, IN AND FOR_COUNTY, FLORIDA Case No.:. Division:— *384 [[Image here]] FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE (AFTER NOTICE) The Petition for Injunction for Protection Against Repeat Violence under section 784.046, Florida Statutes, and other papers filed in this Court have been reviewed....
...s within ten (10) days of the change. All further papers (excluding pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 784.046, Florida Statutes....
...to the Court as follows: _ Ex parte. The claims in the petition for extension of injunction for protection make it appear to the Court that there is an immediate and present danger of domestic and repeat violence, as required under section
741.30 or section
784.046, Florida Statutes....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2015 WL 968556
...The Mother reported the allegations to the child abuse hotline and immediately lifted the home schooling sanction. The Mother did not confront the Father with these allegations, but after consulting the school resource officer, she sought and obtained an ex parte injunction against him under section 784.046, Florida Statutes (2013)....
...affidavits from eyewitnesses of, the specific facts and circumstances that form the basis upon which relief is sought, if the party against whom the protective injunction is sought is also a parent, stepparent, or legal guardian of the. minor child. § 784.046(4)(a)....
...nts, made to both the Mother and the forensic interviewer. Because the Mother was not a witness to the alleged acts and failed to introduce physical evidence or affidavits from eyewitnesses to the alleged acts, she failed to meet the requirements of section 784.046(4)(a)(l) for the grant of an injunction against the Father....
...formation, and cross-examination should be 'permitted’” Tejeda-Soto v. Raimondi,
968 So.2d 635, 636-37 (Fla. 2d DCA 2007) (emphasis added) (quoting Ohrn v. Wright,
963 So.2d 298, 298 (Fla. 5th DCA 2007)). Moreover, this prerequisite is echoed by section
784.046(6)(c), which “requires a ‘full hearing,’ ” including cross-examination, “before *551 entry of a permanent injunction.” McNulty ex rel....
...more nuanced approach than the trial court took. Further, even in light of the paramount interest in protecting minors, the trial court is still obliged to abide by statutory authority, and the injunction granted in.this case was not supported by competent, substantial evidence as required by section
784.046(4)(a)(l), and what corroborative evidence was considered was inadmissible under section
90.803(23)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 2697, 2011 WL 722605
...Wolfson,
638 So.2d 527, 527 (Fla. 2d DCA 1994) (citing Godwin v. State,
593 So.2d 211, 212 (Fla.1992)) (dismissing an appeal of an expired repeat violence injunction on grounds none of the three exceptions to mootness applied, including collateral legal consequences). Section
784.046(2), Florida Statutes (2009), creates a cause of action for "an injunction for protection in cases of repeat violence." To prove the cause of action, "[c]ompetent, substantial evidence must support the trial court's findings of two incidents of repeat violence." Terrell v. Thompson,
935 So.2d 592, 593 (Fla. 1st DCA 2006). "Repeat violence" is defined as "two incidents of violence or stalking committed by the respondent." §
784.046(1)(b), Fla. Stat. (2009). "Violence" means "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment." §
784.046(1)(a), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1997 WL 120152
...Here the trial court found Rae to be maintaining nuisance dogs in violation of the Monroe County Code, [2] and that Rae's behavior and threats were a retaliatory response to Flynn's legitimate complaint about the barking dogs. These findings are clearly supported by the record. Under Section 784.046(7)(b), a trial court has broad authority in addition to enjoining acts of violence to also "order such other relief as the court deems necessary for the protection of the petitioner ...." § 784.046(7)(b), Fla.Stat....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1999 WL 550680
...No Appearance for Appellee. WHATLEY, Judge. Verna Russell, on behalf of Gregory Russell, appeals a final judgment of injunction for protection against repeat violence. She contends that there was no evidence establishing acts of repeat violence as required and defined by section 784.046, Florida Statutes (1997). We agree and reverse. Section 784.046 provides that a person may obtain an injunction for protection in cases involving repeat violence. Repeat violence is defined as two incidents of stalking or violence, which includes assault, battery, and sexual battery. See § 784.046(b)....
...However, at the hearing on the petition, Kim Hogan only testified that she witnessed one act of violence by Russell. Regarding the same incident, Tonya Hogan testified that she only witnessed Russell cussing at her cousin. Neither witness testified that they personally observed a second act of violence as required by section 784.046....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 221459, 2013 U.S. App. LEXIS 1457
...§]
775.21 or a person previously designated as a sexual
predator who had the sexual predator designation removed.
(p) The capital felony was committed by a person subject to an injunction issued
pursuant to [Fla. Stat. §]
741.30 or [Fla. Stat. §]
784.046, or a foreign protection
9
Case: 11-11890 Date Filed: 01/22/2013 Page: 10 of 10
capital murder and (2) could be sentenced to death if any of the aggravating
circumstances listed in §
921.141 were found by the court....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 1432, 2010 WL 481005
...The petitions alleged the same set of facts: On January 26, 2009, Appellant forcefully grabbed Doughty and Clough after an altercation between their dogs; and on February 2, 2009, Appellant repeatedly rang their doorbell and yelled obscenities and threats at them when they opened the door. Section 784.046, Florida Statutes (2008), creates a cause of action for an injunction in cases of repeat violence. "Repeat violence" is defined as two incidents of violence, one of which must have occurred within six months of filing a petition for injunction. § 784.046(1)(b), Fla....
..."Violence" includes "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person." § 784.046(1)(a), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2006 WL 2251806
...er. We reverse because no competent, substantial evidence supports the trial court's ruling. To enter an injunction for "repeat violence," the trial court must find that there were "two incidents of violence or stalking committed by the respondent." § 784.046(1)(b), Fla....
..."Violence" is defined to include "assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person." § 784.046(1)(a), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 13999, 2010 WL 3655514
...In the written order, the trial judge determined that Mrs. Cordeiro was a victim of repeat violence, but he made no additional findings. The judge's findings that the parties were emotional and hostile toward each other were insufficient to support an injunction against repeat violence as provided for in section 784.046(2), Florida Statutes (2008)....
...The statute defines "repeat violence" as "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member." § 784.046(1)(b)....
...Cordeiro proceeded pro se and, based upon her allegations, I seriously doubt she ever sought the advice of counsel. Petitions for injunctions against repeat violence, or against domestic violence for that matter, are to be used only to rectify the egregious conduct outlined in the statutes themselves. See §§
741.30,
784.046, Fla....
...r church, which was the crux of Mrs. Cordeiro's complaint. See Gagnard v. Sticht,
886 So.2d 321, 322 (Fla. 4th DCA 2004) (noting that argumentative behavior that was extremely uncivil and threatening "fell short" of meeting the legal requirements of section
784.046). Unfortunately, the current version of section
784.046 does not seem to permit the trial court to simply dismiss a sworn petition that does not allege facts that fall within the statutory language. Instead, section
784.046(5) requires that "[u]pon the filing of the petition, the court shall set a hearing to be held at the earliest possible time." (Emphasis added.) The result is the use of scant judicial resources to conduct unnecessary hearings based on pleadings that could never support the issuance of an injunction....
...llow judges to dismiss petitions that, on their face, do not contain allegations sufficient to meet the statutory requirements without prejudice to the petitioner refiling a legally sufficient petition if he or she can do so. [1] Further, nowhere in section 784.046 is there any provision for an award of sanctions against a petitioner who uses the statutory provisions concerning injunctions as a sword rather than a shield....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2001 WL 467548
...There was also testimony that Dudley would write down Votran bus drivers' operator tag numbers to find out where they lived. Although the conduct of Dudley is not condoned and, if continued, might properly lead to the entry of an injunction, we find the injunction entered herein to be unauthorized and we reverse. Section 784.046(1)(b), Fla....
CopyCited 3 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 336, 2009 Fla. LEXIS 927, 2009 WL 1473978
...(C) Domestic Violenceall matters relating to injunctions for protection against domestic violence pursuant to section
741.30, Florida Statutes. (D) Dating Violenceall matters relating to injunctions for protection against dating violence pursuant to section
784.046, Florida Statutes. If you check this subcategory, you should also check "Domestic violence." (E) Repeat Violenceall matters relating to injunctions for protection against repeat violence pursuant to section
784.046, Florida Statutes. If you check this subcategory, you should also check "Domestic violence." (F) Sexual Violenceall matters relating to injunctions for protection against sexual violence pursuant to section
784.046, Florida Statutes....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit
...were open, allowing him to see inside the garage and home. It was still light
outside. Lutz, clothed in his full uniform, rang the doorbell. Mrs. Coffin answered
5
The injunction had been issued by the Circuit Court of Sarasota County, pursuant to
Fla. Stat. § 784.046. Section 784.046 allows a petitioner to obtain an “injunction for protection
in cases of repeat violence” after “two incidents of violence or stalking [are] committed by the
respondent, one of which must have been within 6 months of filing of the petition” against the
petitioner or an immediate family member. Fla. Stat. § 784.046(1)(b), (2).
4
the door, and Lutz told her that he had important papers for Mr....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2010 WL 3220640
...Lutz, clothed in his full uniform, rang the doorbell. Mrs.
Coffin answered the door, and Lutz told her that he had important papers for Mr.
5
The injunction had been issued by the Circuit Court of Sarasota County, pursuant to Fla.
Stat. § 784.046. Section 784.046 allows a petitioner to obtain an “injunction for protection in
cases of repeat violence” after “two incidents of violence or stalking [are] committed by the
respondent, one of which must have been within 6 months of filing of the petition” against the
petitioner or an immediate family member. Fla. Stat. § 784.046(1)(b), (2).
4
Coffin.6 Mrs....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 1377, 2000 WL 159078
PER CURIAM. This is an appeal from an order denying Paul Simonek’s motion to modify an injunction. We affirm. Barry Patterson applied for an injunction for protection against repeat violence pursuant to section 784.046, Florida Statutes (1997)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 17 Fla. L. Weekly Fed. D 2701
...December 4, 1992. *38 George J. Dramis and Michael F. Sutton of Gurney & Handley, P.A., Orlando, for appellants. J. Brock McClane of McClane Professional Ass'n, Orlando, for appellee. PER CURIAM. The final order granting permanent injunctive relief pursuant to section 784.046, Florida Statutes, is reversed because the trial court failed to afford the parties the "full hearing" required by section 784.046(6)(c), Florida Statutes....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2012 Fla. App. LEXIS 21509, 2012 WL 6213134
...vacated or modified. Some cases seem to require the movant to allege and prove a change in circumstances. See Knight v. Waters,
786 So.2d 1289 (Fla. 1st DCA 2001) (affirming order denying a motion to modify or dissolve a protective injunction under section
784.046 because the motion did not assert a change in circumstances); Simonik v....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2007 WL 1012255
...Clement lacked an impartial decision-maker and the opportunity to present his case and is entitled to reversal on that issue alone. Moreover, this case is controlled by Santiago v. Towle,
917 So.2d 909, 910 (Fla. 5th DCA 2005) which discussed requisites for an injunction from section
784.046, Florida Statutes (2005)....
...Much like Santiago and its acrimonious dispute over a fence, this is an acrimonious dispute over an easement. Ziemer's allegations, even if believed, do not constitute competent, substantial evidence that two qualifying acts of violence occurred under section 784.046....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2012 WL 4465521, 2012 Fla. App. LEXIS 16465
WHATLEY, Judge. Ivana Alter appeals a final judgment of injunction for protection against repeat violence. We agree with Alter that the evidence did not support a finding that she committed acts of repeat violence as defined in section 784.046(2), Florida Statutes (2011), and we therefore reverse. Section 784.046(2) allows a victim of repeat violence to petition the court for an injunction for protection....
...Repeat violence is defined as “two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046(l)(b)....
...The statute defines violence as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.” § 784.046(l)(a)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2002 WL 31267527
...In the instant case, Young was convicted of violating section
784.047, Florida Statutes (2000), which proscribes willfully violating an injunction for protection against repeat violence by committing an act of repeat violence against the petitioner. Section
784.046(1)(a) defines violence as, "any assault, battery, sexual battery, or stalking by a person against any other person." (Emphasis added)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 17773, 2011 WL 5375105
...Women's Health Ctr., Inc.,
626 So.2d 664, 670 (Fla.1993). In this instance, taking the testimony of Torres as entirely credible, accurate and reliable, we find that, as a matter of law, Torres failed to meet the legal requirements for the issuance of a permanent injunction under section
784.046, Florida Statutes (2010). To be granted an injunction for protection against repeat violence, a petitioner must show that he or she has actually been the victim of repeat violence. §
784.046(4)(a), Fla....
..."Repeat violence" involves at least "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member." § 784.046(1)(b), Fla....
..."Violence" is defined as "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or *710 false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person." § 784.046(1)(a), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
trial court "misconstrued" the meaning of section
784.046(4)(a)1., Florida Statutes (2017), and "essentially
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2007 WL 1342534
...Norman Malinski of the Law Offices of Norman Malinski, P.A., Aventura, for appellee. PER CURIAM. George Bierlin appeals the denial of motions for attorney's fees under Florida Statutes section
57.105. We reverse. Richard Lucibella filed suit against Bierlin for an injunction under Florida Statutes section
784.046, addressing stalking (along with one other count that is not relevant to this appeal)....
...Head Lucibella," over a period of six months which ended prior to the filing of the complaint. Bierlin filed a motion to dismiss Lucibella's complaint for failure to state a cause of action, because the injunction count did not meet the statutory requirements for pleading under section 784.046 (including a sworn petition, the specific contents of the petition, and the form of the petition)....
...mplaint (and until a fourth amended complaint on the other count), after which the trial court dismissed the injunction count and complaint with prejudice for failure to state a cause of action due to non-compliance with the pleading requirements of section 784.046....
...attorney's fees under section
57.105, and the trial court retained jurisdiction to rule on these motions in the order of dismissal. Thereafter, Lucibella appealed the order of dismissal in Case No. 4D06-86, arguing that the pleading requirements of section
784.046 apply only when the petitioner is seeking an ex parte injunction....
...ion for good faith arguments to change existing law). Bierlin contends that an award of section
57.105 attorney's fees was required in this case, because Lucibella repeatedly failed to meet the statutory pleading requirements for an injunction under section
784.046 in four separate complaints....
...ical attempts to do so and without presenting a justiciable issue of fact or law. Moreover, no cause of action could ever be stated in the form which Lucibella employed due to its non-compliance with the clear and mandatory statutory requirements of section 784.046....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2001 WL 527511
...The district court specified that on remand, "section
741.30 and the requirements of due process must be observed." See also Segui v. Nester,
745 So.2d 591 (Fla. 5th DCA 1999) (reversing the dismissal of a petition for an injunction against repeat domestic violence pursuant to section
784.046, which contains a provision identical in effect to that in section
741.30(5)(c) quoted above, because the dismissal was entered without providing an evidentiary hearing); Brooks v....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2006 WL 1559740
...Hamilton, of Foley & Lardner, LLP, Orlando, for Appellee. THOMPSON, J. Rebecca Blaylock timely appeals a final injunction entered against her. Randal S. Zeller sought ex parte a temporary injunction against Blaylock for protection against repeat violence under section 784.046, Florida Statutes (2004), which the court issued....
...The court entered an order granting the final judgment of injunction for protection against repeat violence and ordered Blaylock not to possess or use firearms or ammunition. Blaylock did not seek modification or dissolution of the injunction under section 784.046(11), but now appeals....
...Williams,
579 So.2d 850, 852-53 (Fla. 5th DCA 1991). Also, we find no error because Blaylock agreed to most of the terms of the injunction, which are unobjectionable. See, e.g., Goosen v. Walker,
714 So.2d 1149, 1149-50 (Fla. 4th DCA 1998) (affirming a judgment under section
784.046, Florida Statutes (1997), that enjoined neighbor from photographing or videotaping his neighbors)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2008 WL 2572646
...Lajuanna M. Williams, pro se, Appellee. BENTON, J. Eighteen-year-old Denea Acevedo appeals an injunction, entered at seventeen-year-old Jaquinta Wiggins's mother's behest, forbidding contact between Denea and Jaquinta, on the purported authority of section 784.046, Florida Statutes (2007)....
...The trial court premised the injunction on its legal conclusion that, if an 18-year-old and a 17-year-old have "been together in an intimate way," the 18-year-old has committed sexual battery as a matter of law, and has, therefore, perpetrated "sexual violence," which section 784.046 specifies as grounds for an injunction. We reverse. There is no dispute that Denea and Jaquinta began dating when they were 17 and 16 years old, respectively, and are in what the trial court called a "long-term dating relationship." Insofar as pertinent here, section 784.046 authorizes an injunction for protection in cases of dating violence, and permits any person who is a victim of such violence (or his or her parent or legal guardian if the victim is a minor living at home) to file a petition for such an injunction whenever there is reasonable cause to believe the petitioner (or *670 the petitioner's child or ward) is in imminent danger of suffering dating violence. § 784.046(2)(b), Fla. Stat. (2007). The statute defines "dating violence" as "violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature." § 784.046(1)(d), Fla....
..."Violence," in turn, is defined to mean "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person." § 784.046(1)(a), Fla....
...Neither sections
794.05 nor
800.04, Florida Statutes (2007), apply in the present case. The trial court erred in concluding that the relationship involved sexual battery. The record contains no evidence upon which the trial court could have concluded that Jaquinta is a victim of any sort of dating violence as defined in section
784.046, Florida Statutes (2007)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2014 WL 2740875, 2014 Fla. App. LEXIS 9208
...le cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or any person who has reasonable cause to believe he *651 or she is in imminent danger of becoming the victim of an act of dating violence. § 784.046(2)(b), Fla....
...White’s testimony lacks any clear indication that she reasonably believed that she was in “imminent danger” of an act of violence, as required by the statute. Thus, in the absence of competent, substantial evidence to meet the requirements of section 784.046, the trial court was not permitted to enter a permanent injunction for protection from dating violence against Toubail under these facts. § 784.046(2)(b), Fla....
...lacked competent, substantial evidence, this court — applying the tipsy coachman doctrine — could find competent, substantial evidence to support a finding that White was the victim of "assault,” "battery,” and/or "false imprisonment.” See § 784.046(l)(a), Fla....
CopyCited 2 times | Published | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 141992, 2010 WL 5891998
...cessary because she believed no proof could be offered that Davis lived with her. Id. ¶ 17(e). Plaintiff submitted the following documents during the hearing: (1) a verified Petition for Injunction for Protection Against Dating Violence pursuant to Section 784.046, Florida Statutes (the "Petition" [Dkt....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1992 WL 163933
...Defendant states that he never entered the room and left there after. Victim did have a bump on the rear lower neck. Rights phamphlet given to both parties. Defendant booked in CBO per battery (Dom. Viol.) and was very cooperative. [Emphasis in original]. [2] Citing to section 731.30 (sic) [ see section
741.30] and section
784.046, Florida Statutes....
...ikely to recur, or (3) if collateral legal consequences that affect the rights of the party flow from the issue to be determined. Godwin v. State,
593 So.2d 211 (Fla. 1992). [6] We are aware of section
901.15(7)(a), Florida Statutes (1991), sections
784.046 and
741.30, the latter two statutes dealing with injunctive relief as a remedy for domestic violence....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...he petition.”
To support adding this extratextual element to the statutory
definition of stalking, Mr. Paulson correctly points out that several
district courts have interpreted the stalking statute with guidance
from the repeat violence statute—section 784.046—which defines
1 Although the injunction has now expired, the appeal is not
moot....
...such an injunction outlast the injunction itself”).
3
“repeat violence” as “two incidents of violence or stalking
committed by the respondent, one of which must have been within
6 months of the filing of the petition.” § 784.046(1)(b), Fla....
...m a jumbled patchwork of
conflicting narrative,” Pickett,
236 So. 3d at 1146, we agree with
Mr. Paulson.
2 See e.g., David v. Textor,
189 So. 3d 871, 874-75 (Fla. 4th
DCA 2016) (stating section
784.0485 “must be read in conjunction
with section
784.046(1)(b)”); Richards v. Gonzalez,
178 So. 3d 451,
453 (Fla. 3d DCA 2015) (“[T]o define ‘repeated following,
harassing, or cyberstalking,’ guidance can be derived from section
784.046.”); Wyandt v. Voccio,
148 So. 3d 543, 544 (Fla. 2d DCA
2014) (“We analyze [section
784.0485] with guidance from section
784.046.”); Touhey v. Seda,
133 So. 3d 1203, 1203 (Fla. 2d DCA
2014) (“Given the statute’s recent enaction, support for our holding
comes from cases analyzing allegations of stalking in the context
of section
784.046.”).
4
The trial court based the injunction on its findings that Ms.
Rankart observed Mr....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2000 WL 3821
...Mitar, III, of Goldstein, Buckley, Chechman, Rice & Purtz, P.A., Ft. Myers, for Appellant. Ed McGuffey, Pro Se, for Appellee. PER CURIAM. Appellant argues that no evidence supports the entry of an injunction for protection against repeat violence in this case. We agree and reverse. *1258 Section 784.046, Florida Statutes (1997), authorizes an injunction for protection in cases of repeat violence and defines "violence" as "any assault, battery, sexual battery, or stalking by a person against any other person." § 784.046(1)(a), Fla....
..."`Repeat violence' means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member." § 784.046(1)(b), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2003 WL 21766249
...[1] When Whelan failed to respond, Ravitch's attorney sent a letter to Whelan asking for repayment of the monies; again, Whelan did not respond. Less than two weeks later, Whelan filed a petition for injunction for protection against repeat violence pursuant to section 784.046, Florida Statutes (2002)....
...avor of Whelan. In so doing, the court reasoned that Ravitch's attempts to contact Whelan were willful and malicious because they were in direct contravention to her instructions after she made it known she did not want contact. Ravitch now appeals. Section 784.046, Florida Statutes (2002), authorizes an injunction for protection for victims of repeat violence. The statute defines repeat violence as "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition." See § 784.046(1)(b), Fla. Stat. (2002). Violence means "any assault, battery, sexual battery, or stalking by a person against any other person." See § 784.046(1)(a), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2008 WL 1806114
...Lowy, Miami Beach, for appellant. Julie Ben-Shimol, in proper person. Before GERSTEN, C.J., and RAMIREZ and CORTIÑAS, JJ. PER CURIAM. Yevgeniy Gasilovsky ("Gasilovsky") appeals a temporary injunction for protection against repeat violence pursuant to section 784.046, Florida Statutes (2006). We reverse. To enter an injunction for "repeat violence," a trial court must find that the respondent committed at least two incidents of violence or stalking. § 784.046(1)(a), Fla....
...peat violence. Further, each act of violence and/or stalking must be proven by competent substantial evidence. Smith v. Melcher,
975 So.2d 500 (Fla. 2d DCA 2007). A finding of only one incident of violence does not constitute "repeat violence" under section
784.046, Florida Statutes....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 5589, 2015 WL 1740907
...reverse the final judgment.
Section
784.0485, Florida Statutes (2013), provides for an injunction
against stalking, including cyberstalking, and that statute is analyzed with guidance from
the statute governing injunctions against repeat violence, section
784.046. See Wyandt
v. Voccio,
148 So. 3d 543, 544 (Fla. 2d DCA 2014). "Repeat violence" requires "two
incidents of violence or stalking." §
784.046(1)(b)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2003 WL 1877204
...Keith Michael McCarron and Jessica Anne McCarron, pro se, Tallahassee, for Appellees. PER CURIAM. Appellant, Jennifer Joan York, seeks review of an order denying her motion to dissolve a permanent injunction against repeat violence. We reverse and remand with directions. Because section 784.046(7)(c), Florida Statutes (2000), provides that "[e]ither party may move at any time to modify or dissolve the injunction," the trial court should have allowed appellant to present evidence regarding the initial procurement of the injunction at a hearing....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 5183, 2011 WL 1376912
...David Allan Titsch appeals a final judgment of injunction against repeat violence entered against him and in favor of Daniel Buzin. The record does not support a finding of two incidents of violence as required by the applicable statute. Consequently, we reverse. Section 784.046(2), Florida Statutes (2009), allows a victim of repeat violence to seek a protective injunction....
...The statute defines violence as “assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.” § 784.046(l)(a)....
...The statute defines repeat violence as “two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family.” § 784.046(l)(b)....
...5th DCA 2005) (“The sparse evidence adduced, even if believed, indicates that Mr. Santiago did not make any overt act that would have placed Ms. Towle in imminent danger, but rather only shouted and made hand gestures.”). Mr. Titsch’s alleged behavior in the second incident fell short of the legal requirements of section 784.046....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1995 WL 539083
...rt from proceeding with a hearing *1139 in which Lopez is charged with indirect criminal contempt of a court order entered one month earlier. The earlier order, styled "Injunction for Protection Against Domestic/Repeat Violence," entered pursuant to section 784.046(9)(a), Florida Statutes (Supp....
...section
741.30 by indirect criminal contempt because the legislature has no authority under the doctrine of separation of powers to limit the trial court's jurisdiction to exercise its inherent power of contempt. Turning to the statute in this case, section
784.046(9)(a), Florida Statutes (Supp....
...statute through a civil contempt proceeding. Unlike section
741.2901(2), there is no legislative prohibition against a trial court exercising its indirect criminal contempt powers to enforce an injunction for protection against repeat violence under section
784.046(9)(a)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 16831, 2012 WL 4748148
...We grant his motion for review, reverse the circuit court’s order, and remand for further proceedings. In the main appeal, Mr. Giddens challenged a final injunction for protection against repeat violence, entered against him at the behest of Theresa Tlsty pursuant to section 784.046(2), Florida Statutes (2011)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2002 WL 31422869
...District Court of Appeal of Florida, Fourth District. October 30, 2002. *963 Lewis K. Hanna of Lewis K. Hanna, P.A., Boca Raton, for appellant. No appearance for appellee. PER CURIAM. We reverse an injunction for protection against repeat violence entered under section 784.046, Florida Statutes (2001), which requires two acts of violence....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3120645
...ue the restraining order until further order of the Court. Thank you all. The trial court heard no witnesses and admitted no evidence before entering the injunctions. The Respondents contend on appeal that they were denied due process, and we agree. Section 784.046, Florida Statutes (2005), the statute governing injunctions against repeat violence, contemplates a "full hearing" before entry of a permanent injunction against repeat violence....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...allegations made in the complaint, including “allowing relevant testimony of
pertinent, noncumulative witnesses who are present and cross-examination of the
parties.” Id. (citing Ohrn v. Wright,
963 So. 2d 298 (Fla. 5th DCA 2007)). See also
§
784.046 (6)(a), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3010200
...Chadick's petition on November 29, 2006. At the beginning of the hearing, Mr. Morrell moved to dismiss the petition, arguing that it was facially insufficient because the facts asserted did not reflect that Ms. Chadick had been the victim of sexual violence as defined in section 784.046, Florida Statutes (2006), because the parties had been involved in a consensual sexual relationship....
...ger of becoming a victim of an act of Sexual violence by Respondent and meets requirements for an injunction established by law. The final judgment does not mention the trial court's findings of stalking. Mr. Morrell appeals this final judgment. [1] Section 784.046(2) contains three separate and distinct causes of action upon which a trial court may issue an injunction against violence. See § 784.046(2)(a)-(c)....
...extramarital affair between the parties could constitute coercion sufficient to support sexual violence. In pretrial proceedings this may have been a permissible, albeit somewhat broadened, interpretation of the term "sexual violence" as defined in section 784.046(1)(c)....
...Chadick's allegations of sexual violence and orally stated that the evidence of Mr. Morrell's numerous telephone calls supported a finding of stalking. However, Ms. Chadick had filed a petition for injunction for protection against sexual violence, and the statutory definition of "sexual violence" contained in section 784.046(1)(c) does not include stalking....
...he respondent" or (b) the respondent "was sentenced to a term of imprisonment in state prison for the sexual violence and the respondent's term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed." 784.046(2)(c)(1)-(2)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 16818, 2014 WL 5151322
...Williams, Judge.
Ron Smith, Largo, for Appellant.
John H. Trevena, Largo, for Appellee.
LaROSE, Judge.
Bruce Alan Wyandt appeals an order granting Lisa Ann Voccio's petition
for injunction for protection against stalking violence. See §§
784.046(1)(a),(b),
784.048-.0485, Fla. Stat. (2012).1 No competent, substantial evidence supports the trial
court's finding that Ms. Voccio established the requisite two incidents of stalking
required for injunctive relief. See §
784.046(1)(b)....
...ssuance of
stalking injunctions, became effective on October 1, 2012. See Touhey v. Seda,
133
So. 3d 1203, 1203 n.1 (Fla. 2d DCA 2014) (citing ch. 2012-153, §§ 3, 6, at 2035, 2039,
Laws of Fla. (2012)). We analyze the statute with guidance from section
784.046,
which defines repeat violence as "two incidents of violence or stalking committed by the
respondent, one of which must have been within 6 months of the filing of the petition,
which are directed against the petitioner or the petitioner's immediate family member."
See §
784.046(1)(b); Seda, 133 So....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...At the conclusion of the evidence, D.A.S.'s attorney moved to dismiss the petition. The court denied the motion and entered a final judgment granting A.M.P. an injunction against D.A.S. for protection against dating violence, to remain in effect for one year. Section 784.046, Florida Statutes (2010), establishes several causes of action for injunctions to protect variously against repeat violence, sexual violence, and dating violence. "`Dating violence' means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature." § 784.046(1)(d)....
..."Violence" is defined to include "assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person." § 784.046(1)(a)....
...she is in imminent danger of becoming the victim of an act of dating violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against dating violence on behalf of that minor child. § 784.046(2)(b)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 3346, 2007 WL 677251
...According to Hoeft’s petition, the parties have experienced substantial difficulty when they meet to pass the child for visitation. Hoeft alleged two incidents of violence by Porter, one of which allegedly *52 occurred within six months of the petition. See § 784.046, Fla....
...ards the petitioner and one incident occurred within six months of the petition). When there is an immediate and present danger of violence, a court may enter an ex parte temporary injunction based solely on the allegations in the verified pleading. § 784.046(6). But the court must then conduct a full evidentiary hearing before it may enter a final injunction. § 784.046(6)(c); see Brand v....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2015 WL 968481
...d in favor of Ms. Carver and against Mr. McDonough. In case number 2D13-5471, because the injunction is not supported by competent, substantial evidence, we reverse the injunction entered in favor of Mr. McDon-ough and against Ms. Carver. *927 Under section 784.046(2), Florida Statutes (2012), a person may obtain an injunction for protection against repeat violence if he or she can prove the occurrence of “two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046(l)(b)....
CopyCited 1 times | Florida 2nd District Court of Appeal
...12.530(a).
3
properly admitted. See De Hoyos v. Bauerfeind,
286 So. 3d 900, 904
(Fla. 1st DCA 2019) ("This case involves the domestic violence injunction
statute, section
741.30, Florida Statutes, not the sexual violence
injunction statute,
784.046, Florida Statutes....
CopyCited 1 times | Published | Supreme Court of Florida
...ted Litigants found at the beginning of these forms. The words that are in bold underline are defined in that section. The clerk of the circuit court or family law intake staff will help you complete any necessary forms. For further information, see Section 784.046, Florida Statutes, and Rule 12.610, Florida Family Law Rules of Procedure....
...ted Litigants found at the beginning of these forms. The words that are in bold underline are defined in that section. The clerk of the circuit court or family law intake staff will help you complete any necessary forms. For further information, see Section 784.046, Florida Statutes, and Rule 12.610, Florida Family Law Rules of Procedure....
...resented Litigants found at the beginning of these forms. The words that are in bold underline are defined in that section. The clerk of the circuit court or family law intake staff will provide you with necessary forms. For further information, see section 784.046, Florida Statutes....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...All
right. I am going to enter the injunction.” The trial court then entered an
Amended Final Judgment of Injunction for Protection Against Repeat Violence
(After Notice). This appeal followed.
An injunction entered pursuant to section 784.046, Florida Statutes, must be
supported by competent, substantial evidence....
...3
battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or
false imprisonment, or any criminal offense resulting in physical injury or death,
by a person against any other person.” § 784.046(1)(a), Fla....
...The term
“repeat violence” means “two incidents of violence or stalking committed by the
respondent, one of which must have been within 6 months of the filing of the
petition, which are directed against the petitioner or the petitioner’s immediate
family member.” § 784.046(1)(b), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 8458, 2011 WL 2278990
...ged violence; she claimed the victims were the parties' children. Parrish correctly notes that the language of section
741.30 does not specifically provide for a parent to seek an injunction on behalf of a minor child. He contrasts that section with section
784.046, Florida Statutes (2010), which addresses injunctions against repeat violence, sexual violence and dating violence, and which does contain such a provision....
CopyCited 1 times | Published | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 391, 2004 Fla. LEXIS 986, 2004 WL 1516038
...First, the Legislature amended section
784.047, Florida Statutes (2003), to make the violation of an injunction for protection against sexual violence a first-degree misdemeanor punishable as provided in sections
775.082 or
775.083, Florida Statutes (2003). See ch.2004-17, § 2, Laws of Fla. Second, the Legislature amended section
784.046, Florida Statutes (2003), to allow a petitioner for an injunction for protection against sexual violence to furnish an address to the court in a separate confidential filing pursuant to section
119.07(3)(s), Florida Statutes (2003), and to allow a petitioner to include a law enforcement agency incident report number in the petition as opposed to attaching the report to the petition. See ch.2004-17, § 1, Laws of Fla. Lastly, the Legislature amended section
784.046 to permit a law enforcement officer to make an arrest without a warrant when there is probable cause to believe that a person has committed a criminal act according to sections
741.31 or
784.047, Florida Statutes (2003), which violates an injunction for protection entered pursuant to sections
741.30 or
784.046, Florida Statutes (2003)....
...Litigants” found at the beginning of these forms. The words that are in “bold underline” are defined in that section. The clerk of the circuit court or family law intake staff will provide you with necessary forms. For further information, see section 784.046, Florida Statutes....
...*595 [[Image here]] *596 [[Image here]] *597 [[Image here]] *598 [[Image here]] *599 [[Image here]] FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST SEXUAL VIOLENCE (AFTER NOTICE) The Petition for Injunction for Protection Against Sexual Violence under section 784.046, Florida Statutes, and other papers filed in this Court have been reviewed....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2014 WL 305227, 2014 Fla. App. LEXIS 1021
...e moved from Kentucky to Key West. Schutt testified that she had never been to Key West until she came down for the final hearing in the instant case. She was not in a dating relationship with Alfred and did not want to have any contact with Alfred. Section 784.046(2), Florida Statutes (2013) provides separate causes of action for an injunction for protection in cases of repeat violence, sexual violence, or dating violence....
...r time and on a continuous basis during the course of the relationship. The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context. § 784.046(1)(d), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 1581, 2010 WL 532798
...[2] Instead, he read the transcript of the original hearing, determined that there was a factual basis for the injunction, and denied rehearing, stating that he was "reluctant ... to overturn what another circuit court judge has done after a full hearing." Thus, he denied both motions. From this ruling, Ostrow appeals. Section 784.046 provides a parent of a minor child a cause of action for an injunction against a person who commits an act of sexual violence against the child. "Sexual violence" is defined to include "a lewd or lascivious act, as defined in chapter 800, committed upon or in the presence of a person younger than 16 years of age." § 784.046(1)(c)2., Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1999 WL 1206664
...Tania R. Schmidt-Alpers, Central Florida Legal Services, Inc., Palatka, for Appellant. No Appearance for Appellee. THOMPSON, J. Marciana Doreen Segui appeals the dismissal of her petition for an injunction against repeat violence, filed pursuant to section 784.046, Florida Statutes (1997)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2005 WL 3439929
...0678), because it could not find "sufficient jurisdictional allegations." A notice of appeal was subsequently filed in that case. About a month later Gregory Bond filed yet another verified petition for injunction against repeat violence pursuant to section 784.046, Florida Statutes, in connection with Case No....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2005 WL 3409618
...roped her. The question confronting the Court concerns whether the groping (sexual assault), plus an incident of stalking (where Ortola returned to the victim's home after being told not to return, and remained after being asked to leave), satisfied section 784.046(1)(b), Florida Statutes....
...We find that the Record supports the trial court's finding that two incidents of violence occurred. Biggs v. Elliot,
707 So.2d 1202 (Fla. 4th DCA 1998)("Whether the conduct meets the statutory requirement is a question of fact for the trier of fact."). Florida Statutes, Section
784.046(1)(b) provides: "`Repeat violence' means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member." §
784.046(1)(b), Fla. Stat. (2004). Moreover, "violence" is defined in section
784.046(1)(a) as "assault, aggravated *253 assault, battery, ... sexual assault, ... stalking, ... or any criminal offense resulting in physical injury or death, by a person against any other person." §
784.046(1)(a), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2017 Fla. App. LEXIS 12107, 2017 WL 3642025
...se fail to
support an injunction for protection against repeat violence, which requires "two incidents
of violence or stalking committed by the respondent, . . . which are directed against the
petitioner or the petitioner's immediate family member." § 784.046(1)(b), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2012 WL 1108518, 2012 Fla. App. LEXIS 5183
...Jones was “I will sue you and kill you in court,” but he never got the “in court” statement out because Mr. Jones jumped up and started saying “did you say you would kill me.” Mr. Cirillo argues that the second confrontation at the board meeting does not support a finding of an incident of violence. Section 784.046(l)(a), Florida Statutes (2011), provides in pertinent part: (1) As used in this section, the term: (a) “Violence” means any assault, aggravated assault, battery ..., or any criminal offense resulting in physical injury or death, by a person against any other person....
...(b) “Repeat violence” means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member. § 784.046(l)(a) & (b), Fla....
...1st DCA 2005). In Ohrn v. Wright,
963 So.2d 298 (Fla. 5th DCA 2007), at a hearing on a repeat violence injunction, the trial court did not permit Ohrn to call a witness who would support her version of the incidents that occurred between the parties. Section
784.046(6)(a), Florida Statutes (2011), requires a full hearing prior to entering an injunction....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1998 WL 204950
...We remand for a new hearing. In 1996, plaintiff-appellee Paul J. Simonik obtained an injunction for protection against repeat violence against defendant-appellant Barry Patterson. Under the applicable statute, the injunction was entered for a period of one year. See § 784.046(7)(c), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 5509, 2015 WL 1667055
...allow the parties to cross-examine each other.
“We review whether the trial court afforded a party the opportunity to
be heard before imposing an injunction for an abuse of discretion.”
McNulty ex rel. G.M. v. Douglas ex rel. K.D.,
111 So. 3d 231, 232 (Fla. 2d
DCA 2013).
Section
784.046(6)(c), Florida Statutes, requires a full hearing before
entry of permanent injunction against dating violence. §
784.046(6)(c),
Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...Greg Rosenfeld (West Palm Beach), for appellant.
No Appearance for appellee.
Before SALTER, SCALES and MILLER, JJ.
SALTER, J.
Donovan Paul Hussey appeals a final judgment of injunction for protection
against sexual violence under section 784.046, Florida Statutes (2017)....
...Lara credible in her effort to
protect her child. This appeal followed.
2
Analysis
We are constrained to reverse the final order because there was insufficient
admissible evidence to support it. To support granting an injunction under section
784.046, Florida Statutes, a petitioner must prove the statutory elements by
competent, substantial evidence. Schutt v. Alfred,
130 So. 3d 772, 774 (Fla. 3d DCA
2014). The “evidentiary requirements present in section
784.046(4)(a)1....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 1442281, 2013 Fla. App. LEXIS 5738
...Further, neither party was permitted to cross-examine witnesses. We review whether the trial court afforded a party the opportunity to be heard before imposing an injunction for an abuse of discretion. Smith v. Smith,
964 So.2d 217, 218-19 (Fla. 2d DCA 2007). Section
784.046(6)(c), Florida Statutes (2011), requires a “full hearing” before en *233 try of a permanent injunction against dating violence....
CopyPublished | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 402, 1996 Fla. LEXIS 1456, 1996 WL 501109
...s, is to be interpreted as directory rather than mandatory. Our answer to the first question rendered the second certified question moot. We also recently approved the opinion in Lopez I, by finding that the reasoning in Walker II applies equally to section 784.046(9)(a), Florida Statutes (Supp.1994), which governs the use of contempt proceedings in repeat violence cases....
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
language was similar to that currently found in section
784.046(3)(a), Florida Statutes, which relates to actions
CopyPublished | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 13469, 2002 WL 31093934
...such provisions were necessary. Such provisions are not mandatory when an injunction for protection against repeat violence is entered. Rather, they may be included if the trial court concludes that they are necessary to protect the petitioner. See § 784.046(7)(b), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 13902, 2011 WL 3861593
...from the alleged misconduct to which the injunction application pertained, and that the party who sought the injunction had filed a civil case against him. However, he alleged that both the civil and criminal matters had been resolved in his favor. Section 784.046(10), Florida Statutes (2009), allows the court to modify or dissolve an injunction at any time on the motion of an interested party....
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 14529, 2002 WL 31249961
...rected toward Roger Long after Mr. Long, her landlord, threatened her for having a large dog in her rented duplex. Because the petition did not allege nor did the record reflect that Mr. Long committed two acts of violence or stalking as required by section 784.046, Florida Statutes (1999), we reverse. Section 784.046(l)(b) provides that a person may obtain an injunction for protection in cases involving repeat violence, which is defined as two incidents of violence or stalking directed against the petitioner by the respondent. Violence includes assault, battery, stalking, and sexual battery. § 784.046(l)(a); see Russell v....
CopyPublished | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 17862, 2014 WL 5478057
PER CURIAM. Kenneth Brewer appeals the entry of a repeat violence injunction entered pursu-' ant to section 784.046(l)(b), Florida Statutes (2014), in favor of John Chastain. Having carefully reviewed the record, we conclude that there is no competent, substantial evidence demonstrating “repeat violence,” as defined by section 784.046(l)(b)....
CopyPublished | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 18986, 2012 WL 5350163
...ection against repeat violence entered against him in favor of Daniel G. Penzotti and the denial of his motion for rehearing of that injunction. Because the requisite instances of violence or stalking were not established at the hearing, we reverse. Section 784.046, Florida Statutes (2011), provides that a person may obtain protection against “repeat violence,” which is defined as “two incidents of violence or stalking committed by the respondent ......
CopyPublished | Supreme Court of Florida | 2002 WL 31190948
either domestic violence or repeat violence. See §
784.046, Fla. Stat. (2001) (action by victim of repeat
CopyPublished | Supreme Court of Florida
... (C) Domestic Violence ‐ all matters relating to injunctions for protection against domestic
violence pursuant to section
741.30, Florida Statutes.
(D) Dating Violence ‐ all matters relating to injunctions for protection against dating
violence pursuant to section
784.046, Florida Statutes.
(E) Repeat Violence ‐ all matters relating to injunctions for protection against repeat
violence pursuant to section
784.046, Florida Statutes.
(F) Sexual Violence ‐ all matters relating to injunctions for protection against sexual
violence pursuant to section
784.046, Florida Statutes.
(G) Stalking-all matters relating to injunctions for protection against stalking pursuant to
section
784.0485, Florida Statutes
(H) Support ‐ IV‐D ‐ all matters relating to child or spousal sup...
CopyPublished | Supreme Court of Florida
... (C) Domestic Violence ‐ all matters relating to injunctions for protection against domestic
violence pursuant to section
741.30, Florida Statutes.
(D) Dating Violence ‐ all matters relating to injunctions for protection against dating
violence pursuant to section
784.046, Florida Statutes.
(E) Repeat Violence ‐ all matters relating to injunctions for protection against repeat
violence pursuant to section
784.046, Florida Statutes.
(F) Sexual Violence ‐ all matters relating to injunctions for protection against sexual
violence pursuant to section
784.046, Florida Statutes.
(G) Stalking-all matters relating to injunctions for protection against stalking pursuant to
section
784.0485, Florida Statutes
(H) Support ‐ IV‐D ‐ all matters relating to child or spousal sup...
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 10927, 1993 WL 431997
SCHWARTZ, Chief Judge. The order below enjoining the appellant from threatening and “stalking” the appel-lees was unjustified under section 784.046, Florida Statutes (1991) because there was no showing that an “incident of violence” had been committed by the appellant within six months of the filing of the petition as required by section 784.046(l)(b)....
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 965, 2000 Fla. LEXIS 2276, 2000 WL 1535306
...violence. Commentary 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section
741.30, Florida Statutes (Supp.1994) (modified by chapter 95-195, Laws of Florida), and section
784.046, Florida Statutes (Supp.1994), respectively....
...The facts and circumstances to be alleged under subdivision (b)(1)(B) include those set forth in Florida Supreme Court Approved Family Law Form 12.980(d). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section 784.046(7), Florida Statutes....
...2(d). If alimony or child support is sought a Financial Affidavit must be provided and completed in conformity with Florida Family Law Rules of Procedure Form 12.902(b) or 12.902(c). Subdivision (c)(1)(A) expands chapter 95-195, Laws of Florida, and section 784.046(6)(a), Florida Statutes, to make the limitation of evidence presented at an ex parte hearing permissive rather than man *945 datory given the due process concerns raised by the statutory restrictions on the taking of evidence....
...Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(b)3 and (7)(e)l and
784.046(8)(a)l, Florida Statutes....
...Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(a)3 and (7)(c)l and
784.046(8)(c)l, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
CopyPublished | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 15330, 2015 WL 6022287
WALLIS, J. Irene Martello appeals the entry of a Final Judgment of Injunction for Protection Against Repeat Violence entered in favor of Debra Lynn Scott, pursuant to section 784.046(l)(b), Florida Statutes (2015)....
CopyPublished | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 18901
...followed by ten years of probation. She alleged appellee was scheduled to
be released from prison in the next ninety days.
These allegations were sufficient to give appellant standing to file a
petition for injunction for protection against sexual violence under section
784.046(2)(c)2., Florida Statutes (2014), which provides:
A person who is the victim of sexual violence or the parent
or legal guardian of a minor child who is living at home who
is the victim of sexual violence has stand...
...ents of
. . . sexual violence,” including “the specific facts and circumstances that
form the basis upon which relief is sought.” Appellant made these
allegations by showing the appellee’s conviction, imprisonment, and
impending release.
Section 784.046(5), Florida Statutes (2014), provides, “Upon the filing
of the petition, the court shall set a hearing to be held at the earliest
possible time.” (Emphasis added)....
...Although it considered a different
statute, we find the reasoning of Smith v. Manno,
138 So. 3d 1143 (Fla.
5th DCA 2014) equally applicable here, in that a probation condition of no
contact would not abrogate appellant’s right to obtain a sexual violence
injunction under section
784.046, Florida Statutes (2014)....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 15139, 2004 WL 2309049
...It is clear, however, that the order did not modify the parties’ final judgment of dissolution of marriage or any visitation order flowing therefrom. Rather, the court entered an ex parte injunction for protection pursuant to its authority under section 784.046, Florida Statutes (2003). We note that the court should have denied the motion because Nolin failed to comply with the procedural prerequisites set forth in the statute. However, section 784.046(6)(c) provides that an ex parte temporary injunction for protection shall be effective for a fixed period not to exceed fifteen days....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 15188, 2015 WL 5973843
...determine whether an incident causes substantial emotional distress.” Touhey v.
Seda,
133 So. 3d 1203, 1204 (Fla. 2d DCA 2014) (internal quotation marks
omitted). In order to define “repeated following, harassing, or cyberstalking,”
guidance can be derived from section
784.046, Florida Statutes (2014), which
5
defines repeat violence as “two incidents of violence or stalking committed by the
respondent, one of which must have been within 6 months of the filing of the
petition, which are directed against the petitioner or the petitioner’s immediate
family member.” §
784.046(1)(b); Wyandt v....
CopyPublished | Florida 1st District Court of Appeal
...1st DCA 2016)).
The dating violence injunction permits 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” may petition the circuit court for an injunction to
prevent such violence. § 784.046(2)(b), Fla....
...ing,
aggravated stalking, kidnapping or false imprisonment, or any
criminal offense resulting in physical injury or death, by a person
against another person” between individuals who have had or
currently have a significant, romantic relationship. §
784.046(1)(a), (d)....
...utory requirement
is a question of fact for the trier of fact”).
A dating violence injunction requires “violence”—and most of
the acts the Legislature defined as “violence” are violent as that
term is used in ordinary parlance. See § 784.046(1)(a), (d), Fla.
Stat....
...2012,
Section 3, Laws of Fla.).
4
and similarly defined domestic violence injunction statute).
However, the plain language of the dating violence statute
includes “stalking” within the “violence” definition and
prohibition. See § 784.046(1)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal
...On appeal from the Circuit Court for Leon County.
Dawn Caloca-Johnson, Judge.
November 29, 2023
LONG, J.
Mika Kuschnitzky appeals a final judgment of injunction for
protection against sexual violence entered against him pursuant
to section 784.046(2)(c), Florida Statutes. Because the statutory
conditions for a sexual violence injunction were not met, we
reverse.
I
Section 784.046(2), Florida Statutes, creates a “cause of action
for an injunction for protection in cases of sexual violence.” It also
sets out the procedure and criteria for such injunctions:
(c) A person who is the victim of sexual violen...
...The person has reported the sexual violence to a law
enforcement agency and is cooperating in any criminal
proceeding against the respondent, regardless of whether
criminal charges based on the sexual violence have been
filed, reduced, or dismissed by the state attorney . . .
§ 784.046(2)(c), Fla....
...The officer Marasco spoke with testified that,
in compliance with Marasco’s wishes, she treated the call as an
anonymous matter, that nothing was written down, and that no
names were recorded. Kuschnitzky argues that this anonymous
phone call was not enough to constitute a report as required by
section 784.046(2)(c), Florida Statutes....
...We begin our
analysis with the words of the text. A petitioner has standing if
“[t]he person has reported the sexual violence to a law enforcement
2
agency and is cooperating in any criminal proceeding against the
respondent.” Fla. Stat. 784.046(2)(c)1....
...Next, we consider the context of the term “report” within the
statute and conclude that it also suggests a formal action must be
taken to trigger the relief it offers. The legislature required a
petitioner to have “reported the sexual violence to a law
enforcement agency.” §784.046(2)(c), Fla....
...Florida law hinges access to the vast injunctive power of the
state on a petitioner having first reported the incident to law
enforcement and then cooperating with any criminal proceeding
that follows. Marasco’s anonymous phone call does not meet the
reporting requirement of section 784.046(2)(c)....
...9.330 or
9.331.
_____________________________
KELSEY, J., dissenting.
Florida adopted the law at issue in this case, “The Victim’s
Freedom Act,” in 2003. Ch. 2003-117, § 2, Laws of Fla. (HB 561).
This Act was codified at section 784.046 of the Florida Statutes,
and created a cause of action for “an injunction for protection in
cases of sexual violence.” § 784.046(2), Fla. Stat. (2003). The
operative language creating standing to petition for an injunction
against sexual violence has not changed since then, giving victims
standing to petition for a protective injunction in circuit court. See
§ 784.046(2)(c), Fla....
...he
sexual violence to a law enforcement agency and is cooperating in
any criminal proceeding against the respondent, regardless of
whether criminal charges based on the sexual violence have been
filed, reduced, or dismissed by the state attorney.” § 784.046(2)(c)1.
The statute as enacted in 2003 included a form petition,
requiring among other things that the petitioner swear that
“Petitioner has suffered sexual violence as demonstrated by the
fact that the respondent has: (enumerate incident of violence and
attach incident report by law enforcement agency or notice of
inmate release.).” § 784.046(4)(b), Fla....
...The incident report number by law
enforcement is: __________. {If there is a criminal case,
include case number, if known}. __________.
Id. at 592.
The issue before us is what level of detail and formality is
required for the “report” under section 784.046, which is a question
of law we address de novo....
...Neither the statute nor the supreme-court-approved
petition form asks what the recipient records—in fact, neither asks
8
about the content of a report at all. They only require that a report
was made. It was.
Further cementing this result, section 784.046(2)(c)1.
expressly acknowledges that there might not be a criminal
proceeding after an assault is reported....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 11671, 1992 WL 338538
...id not conduct an adequate inquiry into appellant’s waiver of his right to counsel at the proceeding below. Faretta v. California,
422 U.S. 806 ,
95 S.Ct. 2525 ,
45 L.Ed.2d 562 (1975). On February 5, 1992, Vickie Clark filed a petition pursuant to section
784.046, Florida Statutes (1991) against appellant and a temporary injunction was served on him....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 647, 2015 Fla. LEXIS 2607
...ted Litigants found at the
beginning of these forms. The words that are in bold underline are defined in that section. The clerk of
the circuit court or family law intake staff will help you complete any necessary forms. For further
information, see Section 784.046, Florida Statutes, and Rule 12.610, Florida Family Law Rules of
Procedure.
Instructions for Florida Supreme Court Approved Family Law Form 12.980(f), Petition for Injunction for Protection
Against Repeat Violence (11/15)...
...ted Litigants found at the
beginning of these forms. The words that are in bold underline are defined in that section. The clerk of
the circuit court or family law intake staff will help you complete any necessary forms. For further
information, see Section 784.046, Florida Statutes, and Rule 12.610, Florida Family Law Rules of
Procedure.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances....
...resented Litigants found at the
beginning of these forms. The words that are in bold underline are defined in that section. The clerk of
the circuit court or family law intake staff will provide you with necessary forms. For further information,
see section 784.046, Florida Statutes.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances....
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 17652, 2010 WL 4628999
...ellant. No appearance, for Appellee. PER CURIAM. Michael Weimorts appeals an order extending a temporary injunction for protection against dating violence, entered the same day the court denied Weimorts' motion to dismiss for improper venue. Because section
784.046, Florida Statutes (2009), providing for a protective injunction against dating violence, does not contain a special venue provision, the trial court was required to apply the general venue provision in section
47.011, Florida Statutes (2009)....
CopyPublished | Florida 3rd District Court of Appeal
...ne), the Information
alleged that Dilver engaged in this stalking conduct “after the entry against
the defendant of an injunction for protection against repeat violence or dating
2
violence, pursuant to s. 784.046, Fla....
...[or] an injunction for protection
against domestic violence pursuant to s.
741.30, Fla. Stat.” 1
Counts Two and Three expressly alleged that Dilver did “willfully
violate the provisions of an injunction for protection against repeat violence
and/or sexual violence and/or dating violence, issued pursuant to section
784.046.”
At trial, the victim testified to multiple instances in which she was
stalked by Dilver....
...(Crim.) 8.6.
Aggravated stalking, as charged in Count One of the Information, includes
the additional element that, at the time of the conduct, “an injunction for
protection against repeat violence, sexual violence, or dating violence
pursuant to s. 784.046, or an injunction for protection against domestic
violence pursuant to s....
...(Crim.) 8.7(b).
3
Accordingly, this injunction did not establish the crime of aggravated
stalking as charged in the Information—that the victim sought and obtained
an injunction for protection against repeat violence pursuant to section
784.046, or an injunction for protection against domestic violence pursuant
to section
741.30....
...Indeed, the State’s entire theory of prosecution, advanced
from opening statement to closing argument, was that Dilver had committed
the crime of aggravated stalking by violating an injunction for protection
against repeat violence, as provided by section 784.046....
...s the State’s
theory and argument, was that Dilver was guilty of Counts Two and Three
because he willfully violated the provisions of an injunction for protection
against repeat violence, sexual violence, or dating violence, issued pursuant
to section 784.046....
...of acquittal that the State failed to prove any of the three counts because the
State expressly based its allegations, proof and argument on the “fact” that
each count involved a violation of an “injunction against repeat violence,”
pursuant to section
784.046, while the evidence at trial established the
issuance of an injunction against stalking (section
784.0485).
An injunction against repeat violence (section
784.046) and an
injunction against stalking (section
784.0485) are two distinct types of
injunctions arising from separate causes of action, the violation of which can
result in different and distinct penalties....
...6
DISCUSSION AND ANALYSIS
On appeal, Dilver contends the trial court erred in denying his motion
for judgment of acquittal because the State failed to prove the issuance of
an injunction against repeat violence (pursuant to section
784.046) or an
injunction for protection against domestic violence (pursuant to section
741.30), an essential element of aggravated stalking as charged in Count
One of the Information....
...denying Dilver’s motion for judgment of acquittal.
Dilver contended (both in the trial court and here on appeal) that an
injunction for protection against stalking under section
784.0485 is not the
same as an injunction for repeat violence or dating violence under section
784.046, or an injunction for domestic violence under section
741.30.
Indeed, the State has conceded this point, and has further and commendably
conceded that the State did not (and could not) prove Dilver committed
aggravated stalking as charged in Count One of the Information, because
the State did not (and could not) establish that Dilver engaged in these acts
after the issuance of an injunction against repeat violence or dating violence
(pursuant to section
784.046) or domestic violence (pursuant to section
7
741.30), an essential element for aggravated stalking as charged in Count
One of the Information.
Simply stated, proof of the issuance and...
...485 was legally insufficient to
establish the charge of aggravated stalking under section
784.048(4) which
requires proof of the issuance and existence of an injunction issued for
protection against repeat violence or dating violence (pursuant to section
784.046) or domestic violence (pursuant to section
741.30).
This same infirmity applies with respect to Counts Two and Three,
each charging a violation of an injunction against repeat violence....
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 837, 2013 WL 6014354, 2013 Fla. LEXIS 2475
...(C) Domestic Violence — all matters relating to injunctions for protection against domestic violence pursuant to section
741.30, Florida Statutes. (D) Dating Violence — all matters relating to injunctions for protection against dating violence pursuant to section
784.046, Florida Statutes. (E) Repeat Violence — all matters relating to injunctions for protection against repeat violence pursuant to section
784.046, Florida Statutes. (F) Sexual Violence — all matters relating to injunctions for protection against sexual violence pursuant to section
784.046, Florida Statutes....
CopyPublished | Supreme Court of Florida
... (C) Domestic Violence ‐ all matters relating to injunctions for protection against domestic
violence pursuant to section
741.30, Florida Statutes.
(D) Dating Violence ‐ all matters relating to injunctions for protection against dating
violence pursuant to section
784.046, Florida Statutes.
(E) Repeat Violence ‐ all matters relating to injunctions for protection against repeat
violence pursuant to section
784.046, Florida Statutes.
(F) Sexual Violence ‐ all matters relating to injunctions for protection against sexual
violence pursuant to section
784.046, Florida Statutes.
(G) Stalking-all matters relating to injunctions for protection against stalking pursuant to
section
784.0485, Florida Statutes
(H) Support ‐ IV‐D ‐ all matters relating to child or spousal sup...
CopyPublished | Florida 3rd District Court of Appeal
...In his motion, Rodriguez alleged that the
temporary restraining order should never have been issued in the first place
because the allegations in the City’s petition were legally insufficient.
Specifically, Rodriguez contended that the City’s petition did not satisfy the
requirements for an injunction under section 784.046(1)(b), Florida Statutes
2
(2013).1 Rodriguez’s motion seeking dissolution of the temporary injunction was
directed solely at the alleged legal insufficiency of the original petition fil...
CopyPublished | Supreme Court of Florida | 2013 Fla. LEXIS 1939, 2013 WL 1908394
...NCE ( ) SEXUAL VIOLENCE ( ) STALKING WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION A Petition for Injunction for Protection Against: Domestic Violence filed under section
741.30, Florida Statutes; Repeat, Dating, or Sexual Violence filed under section
784.046, Florida Statutes; or Stalking filed under section 784.0845, Florida Statutes, has been reviewed....
...apply] a. _ Petitioner ft ¡led to appear at the hearing scheduled in this cause. b. _ Petitioner appeared at the hearing but desires to voluntarily dismiss this action. c. _ The evidence presented is insufficient under Florida law (sections
741.30,
784.046, or
784.0485, Florida Statutes) to allow the Court to issue an injunction for protection against domestic, repeat, dating, or sexual violence; orstalking....
...,_Ex parte. The claims in the motion for extension of injunction for protection make it appear to the Court that there is an immediate and present danger of domestic, repeat, dating, or sexual violence; or stalking, as required under section
741.30, section
784.046, or section
784.0485, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2017 WL 2350136, 2017 Fla. App. LEXIS 7832
...hemselves around each other, the statute requires more before an injunction can issue. Power v. Boyle,
60 So.3d 496, 498 (Fla. 1st DCA 2011). The statute “create[s] a cause of action for an injunction for protection in cases of repeat violence.” §
784.046(2), Fla....
...“Repeat violence” is defined as “two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046(1)(b)....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 5006, 1994 WL 207469
PER CURIAM. James Bryant appeals from an order of indirect criminal contempt for violating an injunction against repeat violence filed and granted pursuant to section 784.046, Florida Statutes (1991)....
CopyPublished | Florida 5th District Court of Appeal
imminent danger of another act of dating violence.” §
784.046(2)(b), Fla. Stat. (2023); Nuila v. Stolp, 188
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 6988, 2004 WL 1103975
GROSS, J. Anthony Delopa appeals a final judgment of injunction for protection against repeat violence entered under section 784.046, Florida Statutes (2002)....
...Based on appellee David Cohen’s sworn petition, the circuit court entered a temporary injunction for protection against repeat violence. The temporary injunction set an extension hearing on August 7, 2003. Both Cohen and Delopa appeared and testified at the extension hearing. Section 784.046(2) creates a cause of action for an injunction for protection in “cases of repeat violence.” The statute defines “repeat violence” as “two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046(l)(b)....
...The definition of “violence” is “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.” § 784.046(l)(a)....
...violence, if any, occurred); Orr v. Koutsogiannis,
829 So.2d 962 (Fla. 4th DCA 2002) (holding that the evidence only supported one instance of violence; subsequent threats which were not taken seriously by petitioner did not amount to violence under section
784.046); Gianni v....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 407, 2003 Fla. LEXIS 804, 2003 WL 21087985
...The Legislature further amended section
741.31, Florida Statutes (2001), to provide additional conduct that will violate an injunction for domestic violence. See ch.2002-55, § 14, at 799, Laws of Fla. Finally, the Legislature amended the definition of “violence” under section
784.046, Florida Statutes (2001), and created a cause of action for dating violence under this statute....
...r is seeking the injunction resides at home. When a petition is filed on behalf of a minor child, the minor child must live at the home of the parent or legal guardian in order for the parent or legal guardian to have standing as the petitioner. See § 784.046(2)(a), Fla....
...ants” found at the beginning of these forms. The words that are in “bold underline” are defined in that section. The clerk of the circuit court or family law intake staff will help you complete any necessary forms. For further information, see section 784.046, Florida Statutes, and rule 12.610, Florida Family Law Rules of Procedure....
...ants” found at the beginning of these forms. The words that are in “bold underline” are defined in that section. The clerk of the circuit court or family law intake staff will help you complete any necessary forms. For further information, see section 784.046, Florida Statutes, and rule 12.610, Florida Family Law Rules of Procedure....
CopyPublished | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 7158, 2014 WL 1921739
VAN NORTWICK, J. Courtney McCord, the parent of the minor Ben McCord, challenges the entry of an injunction for protection against repeat violence entered on the authority of section 784.046, Florida Statutes (2012)....
...A separate injunction against repeat violence thereafter issued on November 14, 2012, broadly prohibiting contact of Alex Cassady by Ben McCord. To be granted an injunction for protection against repeat violence, a petitioner must show that he or she has actually been the victim of repeat violence. § 784.046(4)(a), Fla....
...ast “two incidents of violence or stalking [were] committed by the respondent, one of which must have been within six months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046(l)(b); see Cannon v....
...Indeed, all of the conduct found by the trial court to have constituted acts of violence or stalking by Ben McCord occurred no later than April 2011. Because the stipulated “no contact” order contained no factual findings which would support issuance of an injunction for protection against repeat violence pursuant to section 784.046, the order cannot be construed as such an injunction....
...e cannot deem a no contact order as being, in effect, an injunction for protection against repeat violence. Horne v. Endres,
61 So.3d 428, 431 (Fla. 1st DCA 2011). In fact, the “no contact” order does not purport to be issued on the authority of section
784.046, although it does repeatedly employ the term “injunction.” Furthermore, by entry of the injunction under review, the trial court did not simply modify the previously entered “no contact” order despite the fact that the parties could, by the express provisions of that order, move to modify or dismiss it. 1 Instead, the trial court entered, for the first time, a final judgment of injunction for protection against repeat violence on the authority of section
784.046....
...2 Thus, we are constrained to reverse the injunction because there is no evidence of an act of violence or stalking within six months of the filing of Ms. McCord’s motion of July 30, 2012, which the trial court treated as a petition for an injunction for protection against repeat violence. See § 784.046(l)(b). The final judgment of injunction cannot relate back to the original petition of April 2011 because, by stipulating to the “no contact” order, Ms. Cassady effectively abandoned her request for relief accorded by section 784.046. As noted, a “no contact” order such as the one issued below is not the equivalent of an injunction issued on the authority of section 784.046....
CopyPublished | Florida 4th District Court of Appeal | 2003 WL 21077446
...No appearance for appellee. PER CURIAM. John S. Buerster appeals an injunction for protection against repeat violence obtained against him by Juan C. Fermin. We reverse. Appellee obtained an injunction against appellant for repeat violence. Pursuant to section 784.046(1)(a), Florida Statutes, violence is defined as "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person." Section 784.046(1)(b) defines repeat violence as "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitione...
CopyPublished | Florida 1st District Court of Appeal
...We review a final judgment of injunction for “a clear abuse of
discretion.” See Pickett v. Copeland,
236 So. 3d 1142, 1146 (Fla.
1st DCA 2018). But we review de novo whether the evidence was
legally sufficient to support the issuance of the injunction. Id. at
1144.
Section
784.046(2)(b), Florida Statutes (2018), authorizes a
court to issue an injunction against dating violence when
[a]ny person who is the victim of dating violence and has
reasonable cause to believe he or she is in imminent
danger...
...to believe he or she is in imminent danger of becoming the
victim of an act of dating violence.
“Dating violence” means “violence between individuals who have
or have had a continuing and significant relationship of a romantic
or intimate nature.” § 784.046(1)(d), Fla....
...For this reason, Sumners
argues he and Thompson were not dating. We disagree. Under
the plain language of the statute, a dating relationship exists when
the parties “have or have had a continuing and significant
relationship of a romantic or intimate nature.” § 784.046(1)(d),
Fla....
...istory of the
relationship as a whole”). Thus, the trial court did not err in so
finding.
However, the evidence does not support a finding that
Thompson had an objectively reasonable fear that she was in
danger of imminent harm from Sumners. § 784.046(2)(b), Fla.
Stat....
...9.330 or
9.331.
_____________________________
BILBREY, J., concurring.
I fully concur in the majority opinion. I write separately to
point out that while the proof necessary to obtain an injunction
against dating violence under section 784.046(2)(b), Florida
Statutes (2018), requires the petitioner to establish the “imminent
danger of becoming the victim” of an act or a subsequent act of
dating violence, the prospect of a future act is not required to prove
an injunction against repeat violence under section 784.046(2)(a)
4
or against sexual violence under section 784.046(2)(c)....
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 716044, 2012 Fla. App. LEXIS 3541
...At the conclusion of the evidence, D.A.S.’s attorney moved to dismiss the petition. The court denied the motion and entered a final judgment granting A.M.P. an injunction against D.A.S. for protection against dating violence, to remain in effect for one year. Section 784.046, Florida Statutes (2010), establishes several causes of action for injunctions to protect variously against repeat violence, sexual violence, and dating violence. “ ‘Dating violence’ means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.” § 784.046(l)(d)....
...“Violence” is defined to include “assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.” § 784.046(l)(a)....
...she is in imminent danger of becoming the victim of an act of dating violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against dating violence on behalf of that minor child. § 784.046(2)(b)....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088
...( ) DATING VIOLENCE ( ) SEXUAL VIOLENCE ( ) STALKING
WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION
A Petition for Injunction for Protection Against: Domestic Violence filed under section
741.30, Florida
Statutes; Repeat, Dating, or Sexual Violence filed under section
784.046, Florida Statutes; or Stalking
filed under section
784.0485, Florida Statutes, has been reviewed....
...__ Petitioner failed to appear at the hearing scheduled in this cause.
b. __ Petitioner appeared at the hearing but desires to voluntarily dismiss this action.
c. __ The evidence presented is insufficient under Florida law (sections
741.30,
784.046, or
784.0485, Florida Statutes) to allow the Court to issue an injunction for protection against
domestic, repeat, dating, or sexual violence; or stalking.
Accordingly, the case is dismissed without prejudice.
DONE AND OR...
...ted Litigants found at the
beginning of these forms. The words that are in bold underline are defined in that section. The clerk
of the circuit court or family law intake staff will help you complete any necessary forms. For further
information, see Section 784.046, Florida Statutes, and Rule 12.610, Florida Family Law Rules of
Procedure.
Instructions for Florida Supreme Court Approved Family Law Form 12.980(f), Petition for Injunction for Protection
Against Repeat Violence (03/15)...
...n:
,
Petitioner,
and
,
Respondent.
TEMPORARY INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE
The Petition for Injunction for Protection Against Repeat Violence under section 784.046, Florida
Statutes, and other papers filed in this Court have been reviewed....
..., or immediately upon
receiving this notification if the time before the scheduled appearance is less
than 7 days; if you are hearing or voice impaired, call 711.
SECTION II. FINDINGS
The statements made under oath by Petitioner make it appear that Section 784.046, Florida Statutes,
applies to the parties, that Petitioner is a victim of repeat violence and that an immediate and present
danger of repeat violence exists to Petitioner or to a member of Petitioner's immediate family.
SECTION III....
...Petitioner,
and
___________________,
Respondent.
FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST
REPEAT VIOLENCE (AFTER NOTICE)
The Petition for Injunction for Protection Against Repeat Violence under Section 784.046, Florida
Statutes, and other papers filed in this Court have been reviewed....
...lows:
1._____Ex parte.
The claims in the motion for extension of injunction for protection make it appear to the Court that
there is an immediate and present danger of domestic, repeat, dating, or sexual violence as required
under section
741.30 or section
784.046, Florida Statutes, or that stalking exists, pursuant to section
784.0485, Florida Statutes....
...ted Litigants found at the
beginning of these forms. The words that are in bold underline are defined in that section. The clerk of
the circuit court or family law intake staff will help you complete any necessary forms. For further
information, see Section 784.046, Florida Statutes, and Rule 12.610, Florida Family Law Rules of
Procedure.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances....
...n:
__________________,
Petitioner,
and
___________________,
Respondent.
TEMPORARY INJUNCTION FOR PROTECTION AGAINST DATING VIOLENCE
The Petition for Injunction for Protection Against Dating Violence under Section 784.046, Florida
Statutes, and other papers filed in this Court have been reviewed....
..., or immediately upon
receiving this notification if the time before the scheduled appearance is less
than 7 days; if you are hearing or voice impaired, call 711.
SECTION II. FINDINGS
The statements made under oath by Petitioner make it appear that Section 784.046, Florida Statutes,
applies to the parties, that Petitioner is a victim of dating violence and/or Petitioner has reasonable
cause to believe he or she is in imminent danger of becoming a victim of an act of dating violence by
Responden...
...Petitioner,
and
___________________ ,
Respondent.
FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST
DATING VIOLENCE (AFTER NOTICE)
The Petition for Injunction for Protection Against Dating Violence under Section 784.046, Florida
Statutes, and other papers filed in this Court have been reviewed....
...resented Litigants found at the
beginning of these forms. The words that are in bold underline are defined in that section. The clerk of
the circuit court or family law intake staff will provide you with necessary forms. For further
information, see section 784.046, Florida Statutes.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances....
...n:
__________________,
Petitioner,
and
___________________,
Respondent.
TEMPORARY INJUNCTION FOR PROTECTION AGAINST SEXUAL VIOLENCE
The Petition for Injunction for Protection Against Sexual Violence under Section 784.046, Florida
Statutes, and other papers filed in this Court have been reviewed....
...or immediately upon
receiving this notification if the time before the scheduled appearance is less
than 7 days; if you are hearing or voice impaired, call 711.
SECTION II. FINDINGS
The statements made under oath by Petitioner make it appear that Section 784.046, Florida Statutes,
applies to the parties, that Petitioner is a victim of sexual violence by Respondent and meets the
requirements for an injunction established by law.
SECTION III....
...Petitioner,
and
___________________,
Respondent.
FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST
SEXUAL VIOLENCE (AFTER NOTICE)
The Petition for Injunction for Protection Against Sexual Violence under Section 784.046, Florida
Statutes, and other papers filed in this Court have been reviewed....
CopyPublished | Supreme Court of Florida | 2004 Fla. LEXIS 538, 2004 WL 582946
PER CURIAM. The 2003 Florida Legislature amended section 784.046, Florida Statutes (2002), to create a new cause of action for protection against sexual violence and to prohibit the assessment of fees for the filing of petitions for protection against repeat, dating, and sexual violence....
CopyPublished | Florida 1st District Court of Appeal | 2014 WL 1017960, 2014 Fla. App. LEXIS 3754, 39 Fla. L. Weekly Fed. D 575
...In this case, Appellee was granted a petition for injunction against repeat violence for the keying of her car in May and August 2013. We reverse because not only was there a lack of competent substantial evidence as to the second act, but also, both acts do not constitute “violence” as contemplated by section 784.046(2), Florida Statutes....
...discovered her car was keyed again sometime in August 2013. At the hearing at which only Appellee appeared, she testified consistently with the allegations raised in the petition except that there was no testimony whatsoever about the second event. Section 784.046(2), Florida Statutes (2013), creates a cause of action for an injunction for protection in cases of repeat violence....
...“Violence” means “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.” § 784.046(l)(a), Fla....
...Repeat violence means “two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046(l)(b), Fla. Stat. Here, as contemplated by the statute, neither of the alleged acts of “violence” satisfied section 784.046(l)(a). In fact, the only “violence” either of the alleged acts could have come remotely close to satisfying is the “any other criminal offense”, which still would fail because the acts did not result in “physical injury or death.” Id. § 784.046(l)(a)....
CopyPublished | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 319, 2017 WL 1031456, 2017 Fla. LEXIS 598
...talking,
with the addition of language to reference section
90.204(4), Florida Statutes, to
bring to light the 2014 statutory amendments to that section.
One of the comments pertaining to this proposal contends that it is in
conflict with section
784.046, Florida Statutes (2016)....
...y injunction which may
be granted in an ex parte hearing, pending a full hearing, and may
grant such relief as the court deems proper, including an injunction
enjoining the respondent from committing any acts of violence.
§ 784.046(6)(a), Fla....
...repeat and sexual violence and replaces the requirement that it must appear to the
court “that an immediate and present danger of violence exists” with the
requirement that “repeat or sexual violence exists.” The comment points out that
section 784.046 does not distinguish between the different forms of injunction for
repeat violence, dating violence, or sexual violence and contends that Florida
Family Law Rule of Procedure 12.610 should not either....
...Section
741.30(5)(a), Florida Statutes (2016), addresses injunctions for
domestic violence and provides that a temporary injunction may be issued when “it
appears to the court that an immediate and present danger of domestic violence
exists.” Similarly, section
784.046, Florida Statutes (2016), addresses injunctions
for repeat, dating, and sexual violence, and it provides that a temporary injunction
may be issued “when an immediate and present danger of violence exists.”
The Florida Sup...
...against repeat, sexual, dating, and domestic violence reflect the statutory standard.
Form 12.980(k), Temporary Injunction for Protection Against Repeat Violence,
recites that “[t]he statements made under oath by Petitioner make it appear that
Section 784.046, Florida Statutes, applies to the parties, that Petitioner is a victim
of repeat violence and that an immediate and present danger of repeat violence
- 14 -
exists to Petitioner or to a member of Petitioner’s family.” Form 12.980(r),
Temporary Injunction for Protection Against Sexual Violence, states that “[t]he
statements made under oath by Petitioner make it appear that Section 784.046,
Florida Statutes, applies to the parties, that Petitioner is a victim of sexual violence
by Respondent and meets the requirements for an injunction established by law,”
i.e., that an immediate and present danger of violence exists, under section
784.046(6)(a), Florida Statutes (2016).
The temporary injunction forms for domestic and dating violence use both
the “imminent danger” language and the “immediate and present danger”
language. Form 12.980(o), Temporary Injunction for Protection Against Dating
Violence, states:
The statements made under oath by Petitioner make it appear
that Section 784.046, Florida Statutes, applies to the parties, that
Petitioner is a victim of dating violence and/or Petitioner has
reasonable cause to believe he or she is in imminent danger of
becoming a victim of an act of dating vio...
CopyPublished | Supreme Court of Florida
...(C) Domestic Violence ‐ all matters relating to injunctions for protection against domestic
violence pursuant to section
741.30, Florida Statutes.
(D) Dating Violence ‐ all matters relating to injunctions for protection against dating
violence pursuant to section
784.046, Florida Statutes.
(E) Repeat Violence ‐ all matters relating to injunctions for protection against repeat
violence pursuant to section
784.046, Florida Statutes.
(F) Sexual Violence ‐ all matters relating to injunctions for protection against sexual
violence pursuant to section
784.046, Florida Statutes.
(G) Stalking-all matters relating to injunctions for protection against stalking pursuant to
section
784.0485, Florida Statutes
(H) Support ‐ IV‐D ‐ all matters relating to child or spousal sup...
CopyPublished | Supreme Court of Florida
...(C) Domestic Violence ‐ all matters relating to injunctions for protection against domestic
violence pursuant to section
741.30, Florida Statutes.
(D) Dating Violence ‐ all matters relating to injunctions for protection against dating
violence pursuant to section
784.046, Florida Statutes.
(E) Repeat Violence ‐ all matters relating to injunctions for protection against repeat
violence pursuant to section
784.046, Florida Statutes.
(F) Sexual Violence ‐ all matters relating to injunctions for protection against sexual
violence pursuant to section
784.046, Florida Statutes.
(G) Stalking-all matters relating to injunctions for protection against stalking pursuant to
section
784.0485, Florida Statutes
(H) Support ‐ IV‐D ‐ all matters relating to child or spousal sup...
CopyPublished | Florida 1st District Court of Appeal | 2014 WL 949856, 2014 Fla. App. LEXIS 3609
...gainst repeat violence. Ap-pellee sought the injunction on behalf of Appellee’s daughter, who is a minor. Appellant asserts that the order is invalid, because she did not commit two acts of violence against Appellee’s daughter, as required under section 784.046(2), Florida Statutes (2012)....
...Alternatively, Appellant asserts that even if the trial court could issue the injunction, the provision banning her from attending any Duval County Public School is overbroad and unconstitutional. Conversely, Appellee argues that in order to protect minors, section 784.046(2), Florida Statutes (2012), was amended in 1999 to provide that parents or legal guardians may seek to obtain protective injunctions “against repeat violence.” By use of the phrase “against repeat violence,” Appellee asserts...
...“To the extent it rests on purely legal matters, an order imposing an injunction is subject to full, or de novo, review on appeal.” Id. Thus our standard of appellate review regarding the statute’s definition of “repeat violence” is de novo. Section 784.046(2), Florida Statutes (2012), states: (2) There is created a cause of action for an injunction for protection in cases of repeat violence, there is created a separate cause of action for an injunction for protection in cases of dating...
...“Standing” is “a party’s right to make a legal claim or seek judicial enforcement of a duty or right.” Black’s Law Dictionary 1142 (8th ed. 2004). The language that Appellee cites to support her position, “injunction for protection against repeat violence,” was already present in section 784.046(2)(a), before the 1999 amendment was enacted regarding parents and guardians. Read in context, “injunction for protection against repeat violence” is the name the Legislature gave to the injunction, and not what is required to obtain such injunctive relief. This interpretation is supported by the language of section 784.046(2), which states: “There is created a cause of action for an injunction for protection in cases of repeat violence .... ” § 784.046(2), Fla. Stat. (2012) (emphasis added). “Repeat violence” is unambiguously defined in section 784.046(l)(b) as “two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family...
...Here, reading the statute as a whole, we must reject Appellee’s argument that the 1999 amendment allows a trial court to grant an injunction against repeat violence based on one act of violence. Additional statutory language supports our interpretation. A separate subsection of section 784.046, which provides for a cause of action for an injunction for protection in cases of sexual violence, defines “sexual violence” as “any one incident ” of the enumerated acts listed. See § 784.046(l)(c), Fla....
...e to obtain an injunction for protection against repeat violence in cases involving minor children. Had the Legislature intended to reduce the requisite acts of violence in such cases, it would have revised the definition of “repeat violence” in section 784.046(l)(b)....
...er offending acts” without specifying the facts that would establish two offenses of violence under the statute. Appellee’s main focus on appeal is her contention that the statute only required one act of violence, an argument we must reject. Subsection 784.046(l)(a) defines “violence” as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in ph...
...nd incident of violence. We must agree, as there is no evidence in the record to support any additional act of battery or aggravated battery. Additionally, there is no evidence in the record to establish any of the other enumerated offenses under subsection 784.046(l)(a)....
...t put in fear by the calls); Orr v. Koutsogiannis,
829 So.2d 962 (Fla. 4th DCA 2002) (holding that the evidence only supported one instance of violence; subsequent threats which were not taken seriously by petitioner did not amount to violence under section
784.046); *640 Johnson v....
...1st DCA 1990) (holding that numerous harassing phone calls, some containing threats, were not sufficient to support trial court’s decision to grant injunctive relief). Beyond the enumerated offenses, we also considered whether the facts could support a second act of violence under the provision contained in subsection
784.046(l)(a), which further defines “violence” to include “any criminal offense resulting in physical injury or death, by a person against any other person.” The undisputed facts, however, do not establish a second criminal offense “resulting in physical injury or death.” If subsection
784.046(l)(a) had contained a provision similar to the prison releasee reoffender (PRR) sentencing statute, under section
775.082(9)(a)l., Florida Statutes (2012), we could affirm the injunction here....
...g statute, was a qualifying PRR offense, as it was a felony that fell under the subsection covering “[a]ny felony that involves the use or threat of physical force or violence against an individual.”). If the Legislature had included language in section
784.046 that applied to felonies involving the “threat” of violence, then Appellant’s Facebook message to Appellee’s daughter would have qualified as a second offense under section
836.10, Florida Statutes (2012)....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 762033
...battery entered against him. Berthiaume asserts that the trial court erred in denying his motion to strike certain statements by B.S., a minor child, included in the sworn petition filed by A.K., the mother of B.S., seeking an injunction pursuant to section 784.046, Florida Statutes (2011). Because sections 784.046(2)(a) and (c), and (4)(a) expressly authorize the entry of an injunction based upon a petition of the type A.K. filed on behalf of B.S., we affirm. Section 784.046 creates causes of action for an injunction for protection in cases of repeat violence, dating violence, and sexual violence. Subsection 784.046(2)(a) and (c) grants standing to a parent or legal guardian to seek an injunction to protect a minor child, as follows: (a) Any person who is the victim of repeat violence or the parent or legal guardian of any minor child who is livi...
...The respondent who committed the sexual violence against the victim or minor child was sentenced to a term of imprisonment in state prison for the sexual violence and the respondent's term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed. Section 784.046(4)(a) sets forth the allegations required in a petition: (4)(a) The sworn petition shall allege the incidents of repeat violence, sexual violence, or dating violence and shall include the specific facts and circumstances that form the basis upon which relief is sought....
...Counsel for appellant moved to strike the hearsay alleged in the petition arguing that, because the child was not present, the court could not make the required analysis under the hearsay exception, section
90.803(23), Florida Statutes (2011). At the conclusion of the hearing, the trial court expressed its belief that section
784.046 gives the custodial parent the right to make the allegations and found that there had been sufficient allegations in the petition confirmed by A.K. to warrant the injunction. The trial court entered the final judgment of injunction under review. It is apparent from section
784.046 that the primary focus of sections
784.046(2)(a) and (c) and (4)(a) is the safety and welfare of a child victim of violence or sexual violence....
...inor child is a victim of sexual violence by a nonparent, the sworn petition is a presumptively sufficient basis for an injunction. It is undisputed in this record that A.K. had reasonable cause to believe B.S. was the victim of sexual violence, see section 784.046(4)(a), and that she is cooperating with law enforcement agencies. See § 784.046(2)(c)1....
...Department of Children and Families,
833 So.2d 238 (Fla. 4th DCA 2002), personal injury proceedings, Doe v. Broward County School Board,
744 So.2d 1068 (Fla. 4th DCA 1999), and criminal proceedings. See, e.g., Anderson v. State,
655 So.2d 1118 (Fla.1995). Nevertheless, section
784.046 is a clear expression by the legislature that, under the circumstances here, the parent's sworn petition is sufficient to support an injunction....
CopyPublished | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 3858
...attery entered against him. Ber-thiaume asserts that the trial court erred in denying his motion to strike certain statements by B.S., a minor child, included in the sworn petition filed by A.K., the mother of B.S., seeking an injunction pursuant to section 784.046, Florida Statutes (2011). Because sections 784.046(2)(a) and (c), and (4)(a) expressly authorize the entry of an injunction based upon a petition of the type A.K. filed on behalf of B.S., we affirm. Section 784.046 creates causes of action for an injunction for protection in cases of repeat violence, dating violence, and sexual violence. Subsection 784.046(2)(a) and (c) grants standing to a parent or legal guardian to seek an injunction to protect a minor child, as follows: (a) Any person who is the victim of repeat violence or the parent or legal guardian of any minor child who is livi...
...The respondent who committed the sexual violence against the victim or minor child was sentenced to a term of imprisonment in state prison for the sexual violence and the respondent’s term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed. Section 784.046(4)(a) sets forth the allegations required in a petition: (4)(a) The sworn petition shall allege the incidents of repeat violence, sexual violence, or dating violence and shall include the specific facts and circumstances that form the basis upon which relief is sought....
...Counsel for appellant moved to strike the hearsay alleged in the petition arguing that, because the child was not present, the court could not make the required analysis under the hearsay exception, section
90.803(23), Florida Statutes (2011). At the conclusion of the hearing, the trial court expressed its belief that section
784.046 gives the custodial parent the right to make the allegations and found that there had been sufficient allegations in the petition confirmed by A.K. to warrant the injunction. The trial court entered the final judgment of injunction under review. It is apparent from section
784.046 that the primary focus of sections
784.046(2)(a) and (c) and (4)(a) is the safety and welfare of a child victim of violence or sexual violence....
...inor child is a victim of sexual violence by a nonparent, the sworn petition is a presumptively sufficient basis for an injunction. It is undisputed in this record that A.K. had reasonable cause to believe B.S. was the victim of sexual violence, see section 784.046(4)(a), and that she is cooperating with law enforcement agencies. See § 784.046(2)(c)l....
...Department of Children and Families,
833 So.2d 238 (Fla. 4th DCA 2002), personal injury proceedings, Doe v. Broward County School Board,
744 So.2d 1068 (Fla. 4th DCA 1999), and criminal proceedings. See, e.g., Anderson v. State,
655 So.2d 1118 (Fla.1995). Nevertheless, section
784.046 is a clear expression by the legislature that, under the circumstances here, the parent’s sworn petition is sufficient to support an injunction....
CopyPublished | Supreme Court of Florida | 2012 Fla. LEXIS 2663, 2012 WL 2036033
...ted Litigants found at the beginning of these forms. The words that are in bold underline are defined in that section. The clerk of the circuit court or family law intake staff will help you complete any necessary forms. For further information, see Section 784.046, Florida Statutes, and Rule 12.610, Florida Family Law Rules of Procedure....
...ted Litigants found at the beginning of these forms. The words that are in bold underline are defined in that section. The clerk of the circuit court or family law intake staff will help you complete any necessary forms. For further information, see Section 784.046, Florida Statutes, and Rule 12.610, Florida Family Law Rules of Procedure....
...resented Litigants found at the beginning of these forms. The words that are in bold underline are defined in that section. The clerk of the circuit court or family law intake staff will provide you with necessary forms. For further information, see section 784.046, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 9575, 2010 WL 2679969
...In this appeal, Ernest D. Tiger challenges an injunction against repeat violence entered against him and in favor of Harry Marcus. To be entitled to such an injunction, the petitioner must demonstrate that he has been the victim of "repeat violence." See § 784.046(2)(a), Fla. Stat. (2009). "Repeat violence" requires at least two instances of "violence." § 784.046(1)(b), Fla. Stat. "Violence" includes an assault and a battery. § 784.046(1)(a), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...the Coffins’ front door and rang the bell.
Cynthia Coffin answered the door and Lutz explained that he had papers to deliver
2
The injunction had been issued by the Circuit Court of Charlotte County, pursuant to
Fla. Stat. Ann. § 784.046 (West 2011). Section 784.046 allows a petitioner to obtain an
“injunction for protection in cases of repeat violence” after “two incidents of violence or stalking
[are] committed by the respondent, one of which must have been within 6 months of filing of the
petition, which are directed against the petitioner or [an] immediate family member. Fla. Stat.
Ann. § 784.046(1)(b), (2).
4
to Mr....
...ice on a different
person present at the residence.
The notion that serving a restraining order should be treated differently than
serving ordinary process finds some support both in Florida’s procedural rules and
in the language used in Section 784.046....
...must be personally
served.”) (emphasis added). By contrast, service of other documents need not be
served by a law enforcement officer. See Fla. Stat. Ann. §
48.021 (outlining the
12
general guidelines for who may serve process).10 Section
784.046 also provides,
with respect to restraining orders concerning repeat violence, that after the clerk of
court furnishes a copy of the documents to a law enforcement officer, the officer
“shall serve it upon the respondent as soon thereafter as possible on any day of the
week and at any time of the day or night.” Fla. Stat. Ann. §
784.046(8)(a)(1)
(emphasis added)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...the Coffins’ front door and rang the bell.
Cynthia Coffin answered the door and Lutz explained that he had papers to deliver
2
The injunction had been issued by the Circuit Court of Charlotte County, pursuant to
Fla. Stat. Ann. § 784.046 (West 2011). Section 784.046 allows a petitioner to obtain an
“injunction for protection in cases of repeat violence” after “two incidents of violence or stalking
[are] committed by the respondent, one of which must have been within 6 months of filing of the
petition, which are directed against the petitioner or [an] immediate family member. Fla. Stat.
Ann. § 784.046(1)(b), (2).
4
to Mr....
...ice on a different
person present at the residence.
The notion that serving a restraining order should be treated differently than
serving ordinary process finds some support both in Florida’s procedural rules and
in the language used in Section 784.046....
...must be personally
served.”) (emphasis added). By contrast, service of other documents need not be
served by a law enforcement officer. See Fla. Stat. Ann. §
48.021 (outlining the
12
general guidelines for who may serve process).10 Section
784.046 also provides,
with respect to restraining orders concerning repeat violence, that after the clerk of
court furnishes a copy of the documents to a law enforcement officer, the officer
“shall serve it upon the respondent as soon thereafter as possible on any day of the
week and at any time of the day or night.” Fla. Stat. Ann. §
784.046(8)(a)(1)
(emphasis added)....
CopyPublished | Florida 5th District Court of Appeal | 2012 WL 2466566, 2012 Fla. App. LEXIS 10558
...a final judgment of injunction for protection against repeat violence-no hostile contact. She asserts that the trial court erred by denying her motion to dismiss the petition for injunction for protection against repeat violence because the petition failed to meet the legal requirements of section 784.046(4)(a), Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal
...Section
741.30(1)(g), Florida Statutes, prohibits an award of attorney's fees "in any proceeding under this section." Appellant argues that the fee awarded to Appellee was prohibited by that statute. Appellee responds that the action brought by Appellant was governed by section
784.046, Florida Statutes, dealing with repeat violence and not section
741.30 dealing with domestic violence because Appellant filed his petition for injunction on behalf of his minor child regarding threats or acts of violence which Appellant alleged occurred while the child resided with Appellee. Appellee correctly notes that section
784.046 does not contain the same prohibition on attorney's fees as section
741.30....
...In Lopez v. Hall ,
233 So.3d 451 (Fla. 2018), the Florida Supreme Court approved our earlier holding that an award of attorney's fees under section
57.105, is permissible in actions for dating, repeat, and sexual violence injunctions brought under section
784.046. However, the fact that Appellant filed his petition on behalf of the minor child, rather than on his own behalf, did not establish the action as one for repeat violence under section
784.046....
CopyPublished | Florida 3rd District Court of Appeal
PER CURIAM. Affirmed. See §
784.046, Fla. Stat. (2018) (action by victim of repeat violence; defining
CopyPublished | Florida 3rd District Court of Appeal
PER CURIAM. Affirmed. See §
784.046, Fla. Stat. (2018) (action by victim of repeat violence; defining
CopyPublished | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 8770, 2001 WL 708735
PER CURIAM. We affirm the appealed order because the appellant’s section 784.046(7)(e), Florida Statutes, motion to modify or dissolve the injunction in this case did not assert changed circumstances which would warrant relief....
CopyPublished | Florida 4th District Court of Appeal
...Chapter
741 for domestic violence.
The Third District in Chevaldina considered whether certain internet
blog postings constituted “cyberstalking” and were “incidents of violence,”
i.e., stalking, as to justify an injunction pursuant to section 784.046....
CopyPublished | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 9784, 2005 WL 1489080
PETERSON, J. Catherine Louise Waler petitions for certiorari review of the trial court’s order dismissing her petition for an injunction against “dating violence” pursuant to section 784.046(2)(b), Florida Statutes (2004)....
...The trial court denied Waler’s petition as being insufficient after an ex parte hearing. We treat the petition for certiorari as an appeal of a non-final order that denies an injunction pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(B), and reverse. Section 784.046, Florida Statutes, provides in relevant parts: (l)(a) “Violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment,...
...old her that she was “dead.” Based on the allegations of Waler’s petition, it appears that an immediate and present danger of violence exists; accordingly, we direct the trial court to grant Waler a temporary injunction pending a full hearing. § 784.046(6)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal
...In this consolidated appeal 1, Gerardo L. Marquez (“Appellant”) appeals
two December 29, 2020 orders extending: (1) an ex parte temporary
injunction for protection against dating violence entered at the behest of
appellee Martha Rivera under section
784.046, Florida Statutes (2020);
and (2) an ex parte temporary injunction for protection against stalking
entered at the behest of appellee Gabriel Rivera under section
784.0485,
Florida Statutes (2020)....
...The temporary injunctions were originally entered
against Appellant in January 2020 and subsequently extended several
times.
On appeal, Appellant argues that the trial court erred in extending the
temporary injunctions where there was no showing of good cause to merit
a continuation. See § 784.046(6)(c), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 12780, 2010 WL 2490977
...§ 1291 , which provides that "courts of appeals ... shall have jurisdiction of appeals from all final decisions of the district courts of the United States.” . The injunction had been issued by the Circuit Court of Sarasota County, pursuant to Fla. Stat. § 784.046 . Section 784.046 allows a petitioner to obtain an “injunction for protection in cases of repeat violence” after "two incidents of violence or stalking [are] committed by the respondent, one of which must have been within 6 months of filing of the petition” against the petitioner or an immediate family member. Fla. Stat. § 784.046 (1)(b), (2)....
CopyPublished | Supreme Court of Florida
...ate Zip
Telephone (area code and number)
This request is being made for the purpose of keeping the location of my residence unknown for safety
reasons pursuant to section
119.071(2)(j)1, section
741.30(3)(b)(a), section
784.046(4)(b)1, and section
784.0485(3)(b)1, Florida Statutes, or other statutory provision providing for the separate confidential
filing for safety reasons.
Dated: _____________________________...
CopyPublished | Supreme Court of Florida
...( ) DATING VIOLENCE ( ) SEXUAL VIOLENCE ( ) STALKING
WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION
A Petition for Injunction for Protection Against: Domestic Violence filed under section
741.30, Florida
Statutes; Repeat, Dating, or Sexual Violence filed under section
784.046, Florida Statutes; or Stalking
filed under section
784.0485, Florida Statutes, has been reviewed....
CopyPublished | Supreme Court of Florida
...ate Zip
Telephone (area code and number)
This request is being made for the purpose of keeping the location of my residence unknown for safety
reasons pursuant to section
119.071(2)(j)1, section
741.30(3)(b)(a), section
784.046(4)(b)1, and section
784.0485(3)(b)1, Florida Statutes, or other statutory provision providing for the separate confidential
filing for safety reasons.
Dated: _____________________________...
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 408, 2005 Fla. LEXIS 1216, 2005 WL 1298100
..., Special Magistrates; 12.610, Injunctions for Domestic, Repeat, and Dating Violence; and 12.750, Family Self-Help Programs, to add the causes of action of dating violence and sexual violence to these rules. In 2002 and 2003, the Legislature amended section 784.046, Florida Statutes, to add dating violence and sexual violence to the causes of action for which an individual may seek an injunction for protection under the statute....
...he mediation process. 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section
741.30, Florida Statutes (Supp.1994) (modified by chapter 95-195, Laws of Florida), and section
784.046, Florida Statutes (Supp.1994), respectively....
...The facts and circumstances to be. alleged under subdivision (b)(1)(B) include those set forth in Florida Supreme Court Approved Family Law Form 12.980(g). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section 784.046(7), Florida Statutes....
...2(d). If alimony or child support is sought a Financial Affidavit must be provided and completed in conformity with Florida Family Law Rules of Procedure Form 12.902(b) or 12.902(c). Subdivision (c)(1)(A) expands chapter 95-195, Laws of Florida, and section 784.046(6)(b), Florida Statutes, to make *884 the limitation of evidence presented at an ex parte hearing permissive rather than mandatory given the due process concerns raised by the statutory restrictions on the taking of evidence....
...Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(8)(a)l and (8)(c)l and
784.046(8)(a)l, Florida Statutes....
...Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(8)(a)3 and (8)(c)l and
784.046(8)(c)l, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6).(c), Florida Statutes, with some expansion....
CopyPublished | Florida 5th District Court of Appeal | 2014 WL 2616493
PER CURIAM. Todd Barfield appeals the summary denial of his motion to vacate or modify an injunction for protection against repeat violence entered in favor of Ranee Kay. We reverse. Section 784.046(10), Florida Statutes (2013), allows a court to modify or dissolve an injunction at any time on the motion of an interested party....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 8459, 2011 WL 2279531
...June 10, 2011. *701 Elizabeth Greer, Lakeland, for Appellant. Kathryn A. Greever, pro se. SILBERMAN, Judge. Terry L. Singletary seeks review of the final judgment of injunction for protection against repeat violence which was entered against him pursuant to section 784.046(2), Florida Statutes (2009)....
...o Greever's house. While he admitted to asking the teller about Greever, he denied making any threats or mentioning a gun. The trial court granted Greever's petition based on its conclusion that these two incidents qualified as repeat violence under section 784.046(2). Section 784.046(2) creates a cause of action for an injunction for protection against repeat violence....
..."`Violence' *702 means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person." § 784.046(1)(a)....
..."Repeat violence" is defined as "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member." § 784.046(1)(b)....
CopyPublished | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 8876, 2005 WL 1364512
PER CURIAM. The sole issue raised in this appeal is whether the trial court erred in granting a permanent final judgment of injunction for the protection of the appellee against repeat violence, in accordance with section 784.046, Florida Statutes (2004), and Rule 12.610, Family Law Rules of Procedure....
CopyPublished | Florida 1st District Court of Appeal
...demonstrates the discordant relationship between the two men
and their families; however, the record does not support a finding
that Appellant committed two incidents of violence against
Rogers, E.R., or another member of their immediate family
within the meaning of section 784.046(1)(b), Florida Statutes
(2017)....
...“Violence” is defined as “any assault, aggravated assault,
battery, aggravated battery, sexual assault, sexual battery,
stalking, aggravated stalking, kidnapping, or false imprisonment,
or any criminal offense resulting in physical injury or death . . . .”
§ 784.046(1)(a), Fla....
...“Repeat violence” is defined as
“two incidents of violence or stalking committed by the
respondent, one of which must have been within 6 months of the
filing of the petition, which are directed against the petitioner or
the petitioner’s immediate family member.” § 784.046(1)(b), Fla.
Stat....
...Because intentionally spitting in a
person’s face constitutes battery, see, e.g., Mohansingh v. State,
824 So. 2d 1053 (Fla. 5th DCA 2002), this incident qualified as
one of the requisite acts of violence, although it occurred more
than six months before the petition was filed. See §
784.046(1)(a),
Fla. Stat. (listing battery as an act of violence); §
784.046(1)(b),
Fla....
...daughter, E.R., at her elementary school and made inappropriate
remarks about her being “messed up” because of her parents.
Because there was no allegation that Appellant made physical
contact with or threatened any harm to E.R., this incident was
not a violent act under section 784.046(1)(a), Florida Statutes.
With regard to the other incident, Rogers alleged that
Appellant approached him, looked at him, and said under his
2
breath that he would kill Rogers and his family....
...pted aggravated
assault, but did not allege that Appellant displayed the knife or
committed any other overt act beyond the threatening statement.
Appellant’s threat did not constitute an assault or any other
enumerated act of violence under section 784.046(1)(a)....
CopyPublished | Florida 4th District Court of Appeal
...reasonable cause to believe he or she is in imminent danger
of becoming the victim of another act of dating violence . . .
has standing in the circuit court to file a sworn petition for an
injunction for protection against dating violence.
§ 784.046(2)(b), Fla....
...Danger
A sworn petition for injunction against dating violence must allege the
incidents of dating violence and must include “the specific facts and
circumstances that form the basis upon which relief is sought.” §
784.046(4)(a), Fla....
...with her after the incident at his house.
The court denied the motion to dismiss, citing Alderman v. Thomas,
141
So. 3d 668 (Fla. 2d DCA 2014). The court ruled that it was going to give
2 In contrast, injunctions for protection against repeat violence and sexual
violence under section
784.046(2)(a), (c), Florida Statutes, and injunctions for
protection against stalking under section
784.0485, Florida Statutes, do not
require the prospect of a future act of violence....
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 470, 2014 WL 3555973, 2014 Fla. LEXIS 2121
...( ) DATING VIOLENCE ( ) SEXUAL VIOLENCE ( ) STALKING
WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION
A Petition for Injunction for Protection Against: Domestic Violence filed under section
741.30, Florida
Statutes; Repeat, Dating, or Sexual Violence filed under section
784.046, Florida Statutes; or Stalking
filed under section
784.0485, Florida Statutes, has been reviewed....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 11493
...ded in an action for injunction for protection against violence; therefore, we reverse the trial court’s order. 1 Appellee, Nicole Lopez, filed against Appellant an amended petition for injunction for protection against repeat violence pursuant to section 784.046, Florida Statutes....
...3d DCA 2007), the trial court further explained: The only basis upon [which] the [Appellant’s] Motion for Section
57.105 Attorney’s Fees and Sanctions seeks fees and sanctions is the cited statute. Like section
741.30, Fla. Stat., the domestic violence injunction statute, section
784.046, Fla. Stat., does not authorize an award of attorney’s fees on any basis, and the case law interpreting section
784.046 makes it plain that “nowhere in section
784.046 is there any provision for an award of sanctions against a petitioner who uses the statutory provisions con *1005 cerning injunctions as a sword rather than a shield.” This appeal followed....
...t rules. Chapter 741, Florida Statutes, governs marriage and domestic violence, and section
741.30, Florida Statutes (2013), governs domestic violence injunctions. Chapter 784, Florida Statutes, governs assault, battery, and culpable negligence, and section
784.046, Florida Statutes (2013), governs actions for repeat, sexual, and dating violence injunctions....
...Lucibella,
955 So.2d 1206, 1207 (Fla. 4th DCA 2007), a case involving a Chapter 784 proceeding, the Fourth District reversed the denial of the appellant’s section
57.105 motions for fees. The appellee filed suit against the appellant for an injunction under section
784.046, which the trial court dismissed with prejudice for failure to state a cause of action....
...ical attempts to do so and without presenting a justiciable issue of fact or law. Moreover, no cause of action could ever be stated in the form which Lucibella employed due to its non-compliance with the clear and mandatory statutory requirements of section 784.046....
...of the dismissal order in Case No. 4D06-86. Therefore, we reverse and remand for the entry of an award of section
57.105 attorney’s fees against Lucibella. Id. at 1208 . Turning to the case before us, the trial court was correct in observing that section
784.046, like section
741.30, does not authorize an award of attorney’s fees, and Cisneros and Ratigan support its conclusion that attorney’s fees pursuant to section
57.105 may not be awarded in an action for injunction against violence....
...f the language in section
57.105that its provisions apply to civil proceedings/actions and are supplemental to other sanctions/remedies, we hold that an award of attorney’s fees pursuant to section
57.105 is not prohibited in an action *1008 under section
784.046....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 11607, 2011 WL 3112066
KELLY, Judge. K.W. filed a petition for protection against sexual violence under section 784.046, Florida Statutes (2009), alleging that M.R....
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 3673881, 2014 Fla. App. LEXIS 11388
...offenses delineated in the statute,
such as assault, battery, kidnapping, false imprisonment, aggravated stalking, and
stalking, do not need to result in physical injury or death to qualify as acts of domestic
3
Cf. § 784.046(1)(a) (providing that "violence" in the context of actions for
injunctions for protection based on repeat violence, sexual violence, or dating violence
means "any assault, aggravated assault, battery, aggravated battery, sexual assault,
se...
CopyPublished | Florida 4th District Court of Appeal | 2008 WL 2812958
...They argue that the evidence merely shows a single confrontation during which there were insufficient facts to prove an assault. While we agree that the evidence *669 does not support an assault, the applicable statute provides an alternative basis for entry of the injunction. [4] See § 784.046(1)(b), Fla....
...The statute authorizing injunctive relief to victims of repeat violence provides in part: (b) "Repeat violence" means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner.... §
784.046(1)(a)-(b) (emphasis added). While the incident of October 14, 2007, did not establish an assault under
784.011, the definition of repeat violence in section
784.046 includes stalking....
CopyPublished | Florida 3rd District Court of Appeal
...Donald
Cannava, Judge.
Law Offices of Barry M. Wax and Barry M. Wax, for appellant.
Kula & Associates, P.A., W. Aaron Daniel, and Elliot B. Kula, for
appellee.
Before EMAS, MILLER, and BOKOR, JJ.
PER CURIAM.
Affirmed. See § 784.046(2)(c)(1), Fla....
CopyPublished | Supreme Court of Florida
...ted Litigants found at the
beginning of these forms. The words that are in bold underline are defined in that section. The clerk of
the circuit court or family law intake staff will help you complete any necessary forms. For further
information, see Section 784.046, Florida Statutes, and Rule 12.610, Florida Family Law Rules of
Procedure.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of General Practice and Judicial Administration now require that all petiti...
...ted Litigants found at the
beginning of these forms. The words that are in bold underline are defined in that section. The clerk of
the circuit court or family law intake staff will help you complete any necessary forms. For further
information, see Section 784.046, Florida Statutes, and Rule 12.610, Florida Family Law Rules of
Procedure.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of General Practice and Judicial Administration now require that all petiti...
...resented Litigants found at the
beginning of these forms. The words that are in bold underline are defined in that section. The clerk of
the circuit court or family law intake staff will provide you with necessary forms. For further information,
see section 784.046, Florida Statutes.
Instructions for Florida Supreme Court Approved Family Law Form 12.980(q), Petition for Injunction for Protection
Against Sexual Violence (10/22)
- 75 -
...
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 627, 2003 Fla. LEXIS 1163, 2003 WL 21543753
...Rather than describing each amendment, we focus on the more significant amendments. We adopt the Rules Committee’s proposal to amend rule 12.610, Injunctions for Domestic and Repeat Violence, to add references to the newly created cause of action for “dating violence,” in conformity with the 2002 amendments to sections 784.046-784.048, Florida Statutes....
...he mediation process. 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section
741.30, Florida Statutes (Supp.1994) (modified by chapter 95-195, Laws of Florida), and section
784.046, Florida Statutes (Supp.1994), respectively....
...The facts and circumstances to be alleged under subdivision (b)(1)(B) include those set forth in Florida Supreme Court Approved Family Law Form 12.980(4g). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section 784.046(7), Florida Statutes....
...2(d). If alimony or child support is sought a Financial Affidavit must be provided and completed in conformity with Florida Family Law Rules of Procedure Form 12.902(b) or 12.902(c). Subdivision (c)(1)(A) expands chapter 95-195, Laws of Florida, and section 784.046(6)(ab), Florida Statutes, to make the limitation of evidence presented at an ex parte hearing permissive rather than mandatory given the due process concerns raised by the statutory restrictions on the taking of evidence....
...Subdivision (e)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(78)(ba)31 and (78)(c)l and
784.046(8)(a)l, Florida Statutes....
...Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(78)(a)3 and (78)(c)l and
784.046(8)(c)l, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
CopyPublished | Supreme Court of Florida | 24 Fla. L. Weekly Supp. 321, 1999 Fla. LEXIS 1174, 1999 WL 462636
...nts” found at the beginning of these forms. The words that are in “bold underline ” are defined in that section. The clerk of the circuit court or family law intake staff will help you complete any necessary forms. For further information, see section 784.046, Florida Statutes, and rule 12.610, Florida Family Law Rules of Procedure....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 32, 1997 WL 1704
...state. Accordingly, we grant the instant petition for writ of prohibition. WRIT GRANTED. HARRIS, GRIFFIN, THOMPSON and ANTOON, JJ., concur. W. SHARP, J., dissents, with opinion, with which PETERSON, C.J., and DAUKSCH and GOSHORN, JJ., concur. . See § 784.046, Fla....
CopyPublished | Supreme Court of Florida | 24 Fla. L. Weekly Supp. 60, 1999 Fla. LEXIS 80, 1999 WL 42024
...violence. Commentary 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section
741.30, Florida Statutes (Supp.1994) (modified by chapter 95-195, Laws of Florida), and section
784.046, Florida Statutes (Supp.1994), respectively....
...The facts and circumstances to be alleged under subdivision (b)(1)(B) include those set forth in Florida Family Law Form 12.980(d). The relief the court may grant in a temporary or permanent injunc *1081 tion against repeat violence is set forth in section 784.046(7), Florida Statutes....
...with Family Law Form 12.901(f). If alimony or child support is sought a Financial Affidavit must be provided and completed in conformity with Family Law Form 12.901(d) or 12.901(e). Subdivision (c)(1)(A) expands chapter 95-195, Laws of Florida, and section 784.046(6)(a), Florida Statutes, to make the limitation of evidence presented at an ex parte hearing permissive rather than mandatory given the due process concerns raised by the statutory restrictions on the taking of evidence....
...Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(b)3 and (7)(c)1 and
784.046(8)(a)l, Florida Statutes....
...Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(a)3 and (7)(c)1 and
784.046(8)(c)l, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
CopyPublished | Florida 1st District Court of Appeal
...__
On appeal from the Circuit Court for Nassau County.
Robert M. Dees, Judge.
January 22, 2019
PER CURIAM.
Florida law authorizes a “cause of action for an injunction for
protection in cases of repeat violence.” § 784.046(2), Fla....
...relationship between Dailey and Roth, whose ex-wife was engaged
to Dailey. The two men exchanged uncivil text messages and had
a tense exchange at a Little League game. The evidence proved the
men behaved badly, but it was insufficient to support the
injunction. See § 784.046(1)(b) (defining “repeat violence”); cf.
Russell v....
CopyPublished | Florida 1st District Court of Appeal
...3d
DCA 2015) (referring to “[e]ach incident of stalking”) (emphasis in
original); Touhey v. Seda,
133 So. 3d 1203, 1204 (Fla. 2d DCA 2014)
(requiring “each incident of stalking” to be proved). Apparently,
this two-incident requirement was adopted based upon “guidance”
from the repeat violence statute—section
784.046, Florida
Statutes—“which defines repeat violence as ‘two incidents of
violence or stalking committed by the respondent, one of which
must have been within 6 months of the filing of the petition, which
are directed against the petitioner or the petitioner’s immediate
family member.’” Wyandt v....
...2d
DCA 2014) (emphasis added); see also David v. Textor,
189 So. 3d
871, 874-75 (Fla. 4th DCA 2016) (“Section
784.0485, Florida
Statutes (2014), allows an injunction against stalking, including
cyberstalking. The statute must be read in conjunction with
section
784.046(1)(b), Florida Statutes (2014), which requires at
least two incidences of stalking to obtain an injunction.”); Leach v.
Kersey,
162 So. 3d 1104, 1106 (Fla. 2d DCA 2015) (holding that the
stalking “statute is analyzed with guidance from the statute
governing injunctions against repeat violence, section
784.046”);
Touhey,
133 So. 3d at 1203 (“Given the [stalking] statute’s recent
enaction, support for our holding comes from cases analyzing
allegations of stalking in the context of section
784.046, which
applies to injunctions for protection against repeat violence, sexual
violence, and dating violence.”) (footnote omitted).
However, nowhere in the definitions of section
784.048 is
stalking defined as a multiple of itself....
...r
person. §
784.048(2), Fla. Stat. Equally important, section
784.0485 makes no reference to the provisions of the repeat
violence statute; does not mandate “guidance” from the repeat
violence provisions; and, independent of the requirements of
section
784.046, creates a “cause of action for an injunction for
protection against stalking.” §
784.0485(1), Fla....
...e
stalking offenses that are required in repeat violence injunction
proceedings.”) (emphasis added). 1 Moreover, if a stalking
1 In concluding that support for its holding came from
analyzing allegations of stalking in the context of section 784.046,
the Second District in Touhey drew inspiration from the staff
analysis of Senate Bill 950—the precursor to chapter 2012-153, §§
3, 6, Laws of Fla....
CopyPublished | Supreme Court of Florida
...3d DCA 2002), and with the Fifth District Court of Appeal’s
decision in Dudley v. Schmidt,
963 So. 2d 297 (Fla. 5th DCA 2007), regarding
whether an award of attorney’s fees pursuant to section
57.105, Florida Statutes
(2013), is permissible in dating, repeat, and sexual violence injunction proceedings
under section
784.046, Florida Statutes (2013).1 We have jurisdiction. See art. V,
§ 3(b)(4), Fla. Const. For the reasons that follow, we approve the First District’s
holding that section
57.105 does not prohibit awarding attorney’s fees in a section
784.046 action.
BACKGROUND
Nicole Lopez filed a petition for injunction for protection against repeat and
dating violence under section
784.046, Florida Statutes, against Sean Hall, and
received a temporary injunction....
...ey’s fees and sanctions under
section
57.105, Florida Statutes, claiming that Lopez perjured herself in her
petitions. Lopez later voluntarily dismissed her action. The trial court then denied
Hall’s motion for attorney’s fees, holding that section
784.046 contains no
provisions authorizing an award of section
57.105 attorney’s fees on any basis.
Hall appealed, and the First District reversed the trial court’s ruling, holding that an
award of section
57.105 attorney’s fees is not prohibited in an action under
784.046 and certifying direct conflict with Ratigan, Cisneros, and Dudley....
...Hall,
213 So. 3d at 1007.
1. While the 2013 version of the Florida Statutes applies to the case at issue
and is therefore the version cited in this opinion, the current 2017 version of the
Florida Statutes is materially the same for both section
784.046 and section
57.105
as well as the versions referenced in the certified conflict cases.
-2-
ANALYSIS
We review questions of statutory interpretation de novo....
...The statute’s plain language makes clear that it supplies a way to
sanction a party and its attorney in civil actions for baseless claims or defenses and
that it applies to civil proceedings or actions, without exception. Moreover, while
-3-
section
784.046 includes no mention of attorney’s fees and costs, it does not
purport to prohibit an award pursuant to section
57.105. See §
784.046.
Accordingly, whether section
57.105 applies in a section
784.046
proceeding turns on whether such a proceeding is a “civil proceeding or action.”
See §
57.105(1). And it is. See H.K. ex rel. Colton v. Vocelle,
667 So. 2d 892,
893 (Fla. 4th DCA 1996) (“Section
784.046 creates a civil cause of action for a
protective injunction ....
....”); see also Fla. R. Civ. P. 1.040 (“There shall be one
form of action to be known as ‘civil action.’ ”). Because section
57.105’s language
plainly states that its provisions apply to “civil proceeding[s] or action[s],” and a
proceeding under section
784.046 is a civil proceeding, we hold that section
57.105
may be applied to section
784.046 actions where all other requirements of section
57.105 are met.
However, we acknowledge that practical problems may occur in certain
circumstances when parties attempt to apply section
57.105 to actions under
section
784.046....
...Section
57.105 provides a notice requirement, which gives
parties and their attorneys a 21-day time period after receipt of service of a section
57.105 motion to withdraw or correct a baseless claim or defense before the
motion can be filed with the court.2 Section
784.046 allows a petitioner to receive
2....
...-4-
an ex parte temporary injunction, effective for 15 days at most, and requires that a
full hearing occur on a date “no later than the date the temporary injunction ceases
to be effective,” unless good cause is shown. §
784.046(6)(c). Because of the
statutory timeline provided in section
784.046, it will be impossible for a party to
obtain a ruling upon a section
57.105 motion in a situation where a temporary
injunction is granted and a full hearing must occur at most 15 days later, prior to
the end of the 21-day-notice period.
Although Lopez argues that the inability to comply with the notice
requirement of section
57.105 in this situation requires us to hold that section
57.015 does not apply to section
784.046 proceedings, we disagree for three
reasons. First, as already discussed, Lopez’s reading is contrary to the plain
language of the statutes at issue. Second, it is possible in numerous circumstances
to comply with the notice requirement of section
57.105 in a section
784.046
action....
...-5-
CONCLUSION
For these reasons, we approve the First District’s decision in Hall and hold
that section
57.105 may be applied to repeat, dating, and sexual violence injunction
proceedings under section
784.046. We further disapprove the Third District’s
decisions in Ratigan and Cisneros and the Fifth District’s decision in Dudley to the
extent they can be read to preclude the application of section
57.105 under proper
circumstances in section
784.046 proceedings.
It is so ordered.
LEWIS, CANADY, and POLSTON, JJ., concur.
PARIENTE, J., dissents with an opinion, in which LABARGA, C.J., and
QUINCE, J., concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND,
IF FILED, DETERMINED.
PARIENTE, J., dissenting.
I dissent from the majority’s conclusion that attorney’s fees under section
57.105, Florida Statutes (2013), may be awarded in an injunction for protection
proceeding brought under section
784.046, Florida Statutes (2013)....
...57.105(1), Fla.
Stat. (2013); see majority op. at 3. Moreover, the incompatibility of the statutory
-6-
schemes demonstrates that section
57.105 was never intended to apply to
proceedings brought under section
784.046.
Allowing respondents against whom injunctions for protection are brought
to seek attorney’s fees under section
57.105 will have a chilling effect on
prospective petitioners, deterring them from filing for injunctions that are critical
to their safety and well-being....
...lt/Chapter-5_-Family-Court.pdf.
4. To the contrary, it would appear that the Legislature recognizes the
unique vulnerability of domestic violence victims and need to assist them by
providing that the Clerk’s offices shall provide a copy of section 784.046,
“simplified forms, and clerical assistance for the preparation and filing of such a
petition by any person who is not represented by counsel.” § 784.046(3)(a), Fla.
Stat....
...A.M.C.,
67 So. 3d 1181, 1182 n.2 (Fla. 2d DCA
-7-
By concluding that an action for an injunction for protection is a civil action
to which section
57.105 applies, the majority sidesteps the fact that section
784.046
is located within Title XLVI, Florida Statutes, titled “Crimes.” Specifically,
section
784.046 is within chapter 784, titled “Assault; Battery; Culpable
Negligence.” Indeed, Florida courts have recognized that it is “[t]he Florida
Criminal Code” that “authorizes circuit courts to issue temporary injunctions.”
Ceelen v....
...This
placement is logical because obtaining an injunction for protection against repeat
violence requires a petitioner to show evidence of “two incidents of violence or
stalking committed by the respondent . . . which are directed against the petitioner
or the petitioner’s immediate family member.” § 784.046(1)(b), Fla....
...aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking,
kidnapping, or false imprisonment, or any criminal offense resulting in physical
injury or death, by a person against any other person,” all of which are crimes
under Florida Statutes. § 784.046(1)(a), Fla. Stat. Thus, to obtain an injunction for
protection under section 784.046, the petitioner must establish that the respondent
2011) (“[J]udges are encouraged to assist pro se litigants in understanding the
process of obtaining a domestic or repeat violence injunction and not to employ an
unduly rigid a...
...4th DCA 2017). For example, within 24 hours after an injunction for
protection against repeat violence is issued, the clerk of court “must forward a
copy of the injunction to the sheriff with jurisdiction over the residence of the
petitioner.” § 784.046(8)(c)1, Fla....
...Chapter 784 further allows law
enforcement officers to use their arrest powers to enforce injunctions for protection
against repeat violence and makes a willful violation of an injunction for protection
against repeat violence a first-degree misdemeanor. See §§
784.046(7)(d)(2),
784.047(1), Fla. Stat. (2017); see also §
790.233, Fla. Stat. (2017) (providing that
individuals against whom an injunction for protection is entered may not possess a
firearm or ammunition).
Moreover, in concluding that section
57.105 may be applied to section
784.046 proceedings, the majority concedes that the 21-day safe harbor provision
in section
57.105(4) is incompatible with section
784.046(6)(c)’s requirement that
a full hearing be held no later than 15 days after a temporary injunction is entered.
Majority op. at 5. Such incompatibility clearly shows that the Legislature never
intended for section
57.105 to apply to section
784.046 proceedings....
...petition for an injunction for protection out of fear that the petitioner’s claims may
be deemed frivolous. The unique nature of injunctions for protection and the
incompatibility of the statutory schemes demonstrate that section
57.105 was never
intended to apply to section
784.046 proceedings....
CopyPublished | Florida 5th District Court of Appeal
...Appellant’s
threshold claim of error relates to the admissibility of this testimony under section
90.803(23), Florida Statutes (2017). We need not address this evidentiary issue here
because we conclude that Appellant’s other claim of error based on section
784.046(4)(a), Florida Statutes (2017), is dispositive....
...ged
abuse to support the allegations. Accordingly, there was a lack of substantial, competent
evidence to support the injunction. See T.B. v. R.B. (In re A.B.),
186 So. 3d 544 (Fla. 2d
DCA 2015) (holding that mother failed to meet requirements of section
784.046(4)(a) for
obtaining injunction against father where she was not eyewitness to alleged acts and
failed to introduce physical evidence or affidavit from eyewitness to alleged acts)....
CopyPublished | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 3815, 2010 WL 625014
...§ 1291 , which provides that "courts of appeals ... shall have jurisdiction of appeals from all final decisions of the district courts of the United States.” . The injunction had been issued by the Circuit Court of Sarasota County, pursuant to Fla. Stat. § 784.046 . Section 784.046 allows a petitioner to obtain an "injunction for protection in cases of repeat violence” after “two incidents of violence or stalking [are] committed by the respondent, one of which must have been within 6 months of filing of the petilion” against the petitioner or an immediate family member. Fla. Stat. § 784.046 (D(b), (2)....
CopyPublished | Supreme Court of Florida
...(D) Domestic Violence ‐ all matters relating to injunctions for protection against domestic
violence pursuant to section
741.30, Florida Statutes.
(E) Dating Violence ‐ all matters relating to injunctions for protection against dating
violence pursuant to section
784.046, Florida Statutes.
(F) Repeat Violence ‐ all matters relating to injunctions for protection against repeat
violence pursuant to section
784.046, Florida Statutes.
(G) Sexual Violence ‐ all matters relating to injunctions for protection against sexual
violence pursuant to section
784.046, Florida Statutes.
(H) Stalking-all matters relating to injunctions for protection against stalking pursuant to
section
784.0485, Florida Statutes
(I) Support ‐ IV‐D ‐ all matters relating to child or spousal sup...
CopyPublished | Florida 2nd District Court of Appeal | 2003 WL 288943
...February 12, 2003. Jordan L. Wallach, Sarasota, for Appellant. Joseph Kerrigan, pro se. DAVIS, Judge. Ralph Gianni challenges the trial court order that issued a permanent injunction against repeat violence against him based on the petition of Joseph Kerrigan. Section 784.046, Florida Statutes (2000), provides that there must be two incidents of violence, as defined by the statute, before the court may issue such an injunction. However, the instant record only supports a finding of one incident of violence. We therefore conclude that the court erred in issuing the injunction. Section 784.046 creates a cause of action for an injunction for protection in cases of repeat violence, which is defined as "two incidents of violence or stalking committed by the respondent." § 784.046(1)(b). The statute defines the term "violence" as: "any assault, battery, sexual battery, or stalking by a person against any other person." § 784.046(1)(a)....
CopyPublished | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 17829, 2002 WL 31728426
THOMPSON, C.J. Larry Squires, pro se appellant, appeals the amended final judgment of injunction for protection against repeat violence pursuant to section 784.046, Florida Statutes....
...Squires contends that the final judgment, which prohibited him from seeing, contacting, or being in the vicinity of Catherine Darling, was entered without Squires having had the opportunity to present evidence at a full evidentiary hearing. He argues this is a violation of sections 784.046(6)(c), 784.046(7)(d)(3)., Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 18347, 2010 WL 4903618
...Durso concedes that it was improper for the trial court to enter a domestic violence injunction in this case since the parties had never lived together. However, he maintains that we should affirm the injunction as being a matter within the trial court’s equitable jurisdiction, under section 784.046 of the Florida Statutes (2008), which authorizes injunctions for protection against repeat violence....
...In that case, the opinion reads: Although the trial court in this case had jurisdiction of the parties in the subject matter, it appears from a review of the record that the injunction was entered under section
741.30, Florida Statutes (2005), instead of section
784.046, Florida Statutes (2005)....
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 18348, 2010 WL 4903620
...Durso concedes that it was improper for the trial court to enter a domestic violence injunction in this case since the parties had never lived together. However, she maintains that we should affirm the injunction as being a matter within the trial court’s equitable jurisdiction, under section 784.046 of the Florida Statutes (2008), which authorizes injunctions for protection against repeat violence....
...In that case, the opinion reads: Although the trial court in this case had jurisdiction of the parties in the subject matter, it appears from a review of the record that the injunction was entered under section
741.30, Florida Statutes (2005), instead of section
784.046, Florida Statutes (2005)....
CopyPublished | Florida 2nd District Court of Appeal
...njunction
reflecting the new school and bus stop.
Background
In 2007, the trial court entered a final injunction in favor of J.A.M. and
against Dunn to protect J.A.M. from sexual violence. See § 784.046(2), Fla. Stat.
(2007) (creating a cause of action for an injunction for protection from sexual violence);
see also § 784.046(7)(b) (providing that "the court may grant such relief as the court
deems proper, including ....
...feet of the "place where Petitioner attends school," and it lists the address of the
preschool that J.A.M. had been attending in 2007. The trial court also ordered that the
injunction would remain in full force and effect until further order of the court. See §
784.046(7)(c), Fla....
...Fam. L. R. P. 12.610(c)(4)(B).1
In 2017, Miley moved for the court to modify the injunction pursuant to rule
12.610(c)(6) ("The petitioner or respondent may move the court to modify or vacate an
injunction at any time."). See also § 784.046(10), Fla. Stat. (2017) (same); §
784.046(7)(c) ("Either party may move at any time to modify or dissolve the injunction.
Such relief may be granted in addition to other civil or criminal remedies.")....
... Discussion
In entering an injunction for protection against sexual violence, a court has
wide discretion in setting forth terms necessary to protect the victim in light of the
circumstances justifying the injunction. See § 784.046(7); Simonik v....
CopyPublished | Florida 4th District Court of Appeal
...50-2019-DR-002119-
XXXXSB.
Mark Adamczyk, Cheektowaga, New York, pro se.
Brian J. Moran, Christopher R. Parkinson, and Correy B. Karbiener of
Moran Kidd Lyons Johnson Garcia, P.A., Orlando, for appellee.
PER CURIAM.
We reverse the injunction for protection against repeat violence issued
pursuant to section 784.046(2), Florida Statutes (2019), because there was
not competent, substantial evidence of two acts of violence within the
meaning of the statute.
This case arose out of a disagreement between appellant and a
condominium association over the parking of appellant’s truck in the
community.
Section 784.046(2) creates a cause of action for an injunction for
protection against “repeat violence.” “Repeat violence” is defined as “two
incidents of violence or stalking committed by the respondent, one of
which must have been within 6 months of the filing of the petition, which
are directed against the petitioner or the petitioner’s immediate family
member.” § 784.046(1)(b), Fla. Stat. (2019) (emphasis added). “Violence”
includes, among other things, any assault, battery, or stalking. §
784.046(1)(a), Fla....
...there was no evidence that appellant threatened violence or that he took
some action that could have created a well-founded fear that violence was
imminent. This confrontation did not rise to the level of “violence” required
to support an injunction under section 784.046(2).
We reject appellee’s argument that two acts of “violence” occurred on
March 7, 2019....
CopyPublished | Florida 2nd District Court of Appeal
...Bauer Long, a permanent injunction against him. Because the evidence failed to
establish that Long had reasonable cause to believe that she was in imminent danger of
becoming the victim of another act of dating violence, we reverse.
Pursuant to section 784.046(2)(b), Florida Statutes (2017):
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 a...
CopyPublished | Supreme Court of Florida
...ted Litigants found at the beginning of
these forms. The words that are in bold underline are defined in that section. The clerk of the circuit court or family
law intake staff will help you complete any necessary forms. For further information, see Section 784.046, Florida
Statutes, and Rule 12.610, Florida Family Law Rules of Procedure.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of General Practice and Judicial Administration now require that all peti...
...ted Litigants found at the beginning of
these forms. The words that are in bold underline are defined in that section. The clerk of the circuit court or family
law intake staff will help you complete any necessary forms. For further information, see Section 784.046, Florida
Statutes, and Rule 12.610, Florida Family Law Rules of Procedure.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of General Practice and Judicial Administration now require that all petit...
...resented Litigants found at the beginning of
these forms. The words that are in bold underline are defined in that section. The clerk of the circuit court or family
law intake staff will provide you with necessary forms. For further information, see section 784.046, Florida
Statutes.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of General Practice and Judicial Administration now require that all petitions, pleadings, and
documents be filed electronically except in certain circumstances....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
...or any person to willfully, maliciously and repeatedly harass another person and make a credible threat with the intent to place the victim in reasonable fear of death or bodily injury. Additionally, if an injunction has been obtained as outlined in Section 784.046 , as discussed above, or after any other court-imposed prohibition of conduct towards a subject person or persons or that person's property, there continues a course of conduct which includes knowing, willful, malicious and repeated harassment of another person....
CopyPublished | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 12955, 2014 WL 4105983
...Lee Droke appeals a final judgment for protection against repeat violence entered against him in favor of Christopher Andi-no. Mr. Droke argues that the trial court erred by entering the petition where Mr. Andino only proved one act of violence. We agree. Section 784.046(l)(b), Florida Statutes (2013) defines repeat violence as “two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.” An assault qualifies as an act of violence under the statute. § 784.046(l)(a), Fla....
CopyPublished | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 343, 1996 Fla. LEXIS 1417, 1996 WL 473481
...s, is to be interpreted as directory rather than mandatory. Our answer to the first question rendered the second certified question moot. We also recently approved the opinion in Lopez I, by finding that the reasoning in Walker II applies equally to section 784.046(9)(a), Florida Statutes (Supp.1994), which governs the use of contempt proceedings in repeat violence cases....
CopyPublished | Supreme Court of Florida | 1996 WL 473327
...In Walker I, the district court interpreted the first certified question as it applies to section
741.30, Florida Statutes (Supp.1994), which governs the use of contempt proceedings in domestic violence cases. In the instant case, the district court interpreted that same question as it applies to section
784.046(9)(a), Florida Statutes (Supp.1994), which governs the use of contempt proceedings in repeat violence cases....
CopyPublished | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 343, 1996 Fla. LEXIS 1414, 1996 WL 473486
...s, is to be interpreted as directory rather than mandatory. Our answer to the first question rendered the second certified question moot. We also recently approved the opinion in Lopez I, by finding that the reasoning in Walker II applies equally to section 784.046(9)(a), Florida Statutes (Supp.1994), which governs the use of contempt proceedings in repeat violence *336 cases....
CopyPublished | Florida 3rd District Court of Appeal
...arties’ minor child,
Z.A., filed a petition for injunction for protection against sexual violence
against the father. The allegation of sexual violence in the petition was
based on statements made to the mother by Z.A. Mirroring section
784.046(2)(c)1., Florida Statutes (2023),1 the petition required the mother to
state if the claimed sexual violence had been reported to a law enforcement
agency. The petition also stated that “[p]ursuant to section 784.046(3)(b),
Florida Statutes,” no filing fee was assessed by the clerk of courts. Based
on the mother’s sworn petition, the trial court issued a temporary injunction
for protection against sexual violence under section 784.046. This
temporary injunction was extended multiple times, each time under section
1
Section 784.046, Florida Statutes, “created a separate cause of action for
an injunction for protection in cases of sexual violence.” § 784.046(2), Fla.
Stat....
...of a person younger than
16 years of age; . . . or 5. Any other forcible felony wherein a sexual act is
committed or attempted, regardless of whether criminal charges based on
the incident were filed, reduced, or dismissed by the state attorney.” §
784.046(1)(c), Fla. Stat. (2023).
2
784.046. The notices of the final evidentiary hearing all reflected that the
matter set for hearing was the “[t]he Petition for Injunction for Protection
Against Sexual Violence under section 784.046, Florida Statutes.”
Before the final hearing, the father moved to vacate the temporary
injunction, arguing that the petition failed to meet the statutory requirements
of section 784.046(4)(a)1., Florida Statutes. Specifically, he asserted that
because he was Z.A.’s parent, section 784.046(4)(a)1....
...protection against
domestic violence under section
741.30, as it was entered in violation of the
father’s right to procedural due process. The only matter noticed for a final
hearing was the mother’s petition for a protective injunction under section
784.046. Indeed, the mother filed a petition for an injunction for protection
against sexual violence under section
784.046, and a temporary injunction
was entered under that statute. All extensions of the temporary injunction
and notices of hearing were issued under
784.046. Consistent with these
orders and notices, the father argued at the final evidentiary hearing that the
mother’s petition failed to meet the statutory requirements of section
784.046(4)(a)1., which apply when a parent seeks a protective injunction on
behalf of a minor child who is living at home and the party against whom the
injunction is sought is also a parent.3 Yet rather than adjudicate the mother’s
2...
...battery, aggravated battery, sexual assault, sexual battery, stalking,
aggravated stalking, kidnapping, false imprisonment, or any criminal offense
resulting in physical injury or death of one family or household member by
another family or household member.”
3
Section
784.046(4)(a)1. states as follows:
4
petition for an injunction as pleaded under the sexual violence statute,
section
784.046, the trial court adjudicated the mother’s petition and entered
a permanent injunction under the statute providing for an injunction against
domestic violence, section
741.30, Florida. Here, the distinction matters
because the two statutes contain different evidentiary demands for the
petitioner. “Notably, section
741.30 does not contain the evidentiary
requirements present in section
784.046(4)(a)1., that the petitioner must be
an eyewitness, provide direct physical evidence, or provide an eyewitness
affidavit” to the facts and circumstances forming the basis on which the
injunction is sought....
...r.
Reversed and remanded with instructions.
90.803(23)(a)2.b. and that the mother’s evidence failed to meet the statutory
requirements of an injunction for protection against sexual violence on behalf
of the parties’ minor child under section
784.046(4)(a)1.
7
CopyPublished | Florida 3rd District Court of Appeal
....
.” See Washington v. Brown,
300 So. 3d 338, 340 (Fla. 2d DCA 2020) (“We
interpret section
784.0485 with reference to the definitions found in section
784.048, which makes stalking under certain conditions a criminal offense,
and refer to section
784.046 (providing for protective injunctions for victims
of repeat violence) and the cases interpreting that statute for guidance.”).
“Hence, to warrant issuance of a stalking injunction, the record must
establish that the respo...
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 12451, 2016 WL 4382557
...on for protection against repeat violence against Joshua Echemendia. On appeal, Austin argues that she presented sufficient evidence to warrant an injunction, and that the circuit court overlooked the fact that the definition of “violence” under section 784.046, Florida Statutes (2016), includes stalking. We agree and reverse. The Evidentiary Hearing Austin filed a petition for injunction against repeat violence pursuant to section 784.046(2), Florida Statutes (2015) on October 9, 2015....
...Brilhart ex rel S.L.B.,
116 So.3d 617, 619 (Fla. 2d DCA 2013) (alterations in original) (quoting Tibbs v. State,
397 So.2d 1120, 1123 (Fla.1981)). The interpretation of a statute is reviewed de novo. See Lukacs v. Luton,
982 So.2d 1217, 1218 (Fla. 1st DCA 2008) (citation omitted). Section
784.046(2), .-Florida Statutes (2015), “create[s] a cause of, action for an injunction for- protection in cases of repeat violence.” “Repeat violence” is defined as “two incidents, of violence or stalking committed by the respondent, one of which *1060 must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.” §
784.046(l)(b), Fla....
...“Violence” is defined- as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.” § 784.046(l)(a), Fla....
... component of the statute: the February 2015 and the- March 2015 choking incidents. Austin argues that the August 2015 and October 2015 incidents — both of which occurred in the six months prior to her petition — amounts to “stalking” under section 784.046(l)(b) such that she presented sufficient evidence to warrant the injunction....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 12060, 2015 WL 4773922
...minor child who is living at home and who seeks an injunction for protection against dating violence on behalf of that minor child, has standing in the circuit court to file a sworn petition for an injunction for protection against dating violence. § 784.046, Fla....
...have. Nor would we want middle-schoolers to have such mature relationships. We grown-ups may scoff, but a relationship like that described by the victim, when viewed in the context of two eighth-graders, is reasonably considered dating. 1 We believe section 784.046 contemplates such relationships inasmuch as it gives parents and legal guardians standing to seek dating violence injunctions on behalf of minors, and we find the evidence in this case sufficient to support the trial court’s imposition of the injunction....
...While we affirm the court’s finding of dating violence, we note that the court actually entered an injunction titled as one for protection against domestic violence under section
741.30 instead of one for protection against dating violence under section
784.046....
CopyPublished | Florida 3rd District Court of Appeal
...essential element to a cause of action for malicious prosecution.
FACTUAL AND PROCEDURAL BACKGROUND
In 2020, Santos and Linares, on behalf of their eleven-year-old child,
filed a petition for injunction against sexual violence, pursuant to section
784.046, Florida Statutes (2020), alleging that Buck 1 committed sexual
violence against their minor child....
CopyPublished | Florida 5th District Court of Appeal | 2012 WL 1121434, 2012 Fla. App. LEXIS 5297
...ny Scarvelli. He argues that the trial court erred by entering the injunction where the petition only alleged one act of violence and the evidence presented by petitioner was only sufficient to support a finding of one act of violence. We agree. See § 784.046(2)(b), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 6165, 2006 WL 1112721
PER CURIAM. Although the trial court in this case had jurisdiction of the parties in the subject matter, it appears from a review of the record that the injunction was entered under section
741.30, Florida Statutes (2005), instead of section
784.046, Florida Statutes (2005)....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 214, 2015 Fla. LEXIS 867, 2015 WL 1825400
...st Dating Violence, are
needed. Input on this issue was received from the Advisory Workgroup on the
Florida Supreme Court Approved Family Law Forms, which provided valuable
assistance. We have jurisdiction. See art. V, § 2(a), Fla. Const.
Section 784.046(2)(b), Florida Statutes (2014) provides that a person who is
either “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” or
“has reasonable cause to believe he or she is in imminent danger of becoming the
victim of an act of dating violence,” has standing to file a petition for an injunction
for protection against dating violence. § 784.046(2)(b), Fla. Stat. (2014). Both the
instructions to the form and the content of the form are amended to more clearly
reflect this standard. Additionally, section 784.046(2)(b) provides that a parent or
legal guardian has standing to petition for an injunction for protection against
dating violence on behalf of a minor living at home....
...If the person against whom
the injunction is sought is also a parent or legal guardian, the petitioning parent or
legal guardian must have been “an eyewitness to, or have direct physical evidence
or affidavits from eyewitnesses of, the specific facts and circumstances that form
the basis upon which relief is sought.” § 784.046(4)(a)1., Fla....
...If the
person against whom the injunction is sought is not a parent, stepparent, or legal
guardian of the minor, the petitioner must “[h]ave a reasonable cause to believe
that the minor child is a victim of . . . dating violence to form the basis upon which
relief is sought.” § 784.046(4)(a)2., Fla....
...ted Litigants found at the
beginning of these forms. The words that are in bold underline are defined in that section. The clerk of
the circuit court or family law intake staff will help you complete any necessary forms. For further
information, see Section 784.046, Florida Statutes, and Rule 12.610, Florida Family Law Rules of
Procedure.
Instructions for Florida Supreme Court Approved Family Law Form 12.980(n), Petition for Injunction for Protection
Against Dating Violence (04/15)...
CopyPublished | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 5862, 2008 WL 1806201
...Noting that neither the police nor the Department of Children and Families had taken any action on the allegations, the trial court found the allegations against the mother eonclusory and those against the boyfriend based upon hearsay that did not “satisfy the requirement of § 784.046.” In fact, the court noted that this was the very type of petition that the statute was designed to guard against....
CopyPublished | Florida 3rd District Court of Appeal
...Sexual Violence filed by
Stephanie Gutierrez (“the Mother”) on behalf of the parties’ ten-year-old
minor daughter, D.C. We reverse and remand the permanent injunction
against the Father because the Mother failed to meet the requirements of
section 784.046(4)(a)(1), Florida Statues (2023).
The Mother filed a Petition for Injunction for Protection Against Sexual
Violence on behalf of D.C....
... reviewed de novo.” Sutton v. Fowler,
332 So. 3d 1001, 1004 (Fla. 4th DCA
2021) (internal citations omitted).
The Mother did not meet the statutory requirements to request a
permanent injunction on behalf of D.C. against the Father pursuant to section
784.046(4)(a)(1), Florida Statutes (2023), which reads:
With respect to a minor child who is living at home, the parent or
guardian seeking the protective injunction on behalf of the minor
child must: (1) Have been an eyew...
...direct physical evidence, and did not file affidavits from eyewitnesses of the
1
This subsection pertaining to a protective injunction brought against
another parent is in contrast to a protective injunction sought against an
unrelated third party pursuant to subsection 784.046(4)(a)(2), Florida
Statutes (2023), provided as follows:
With respect to a minor child who is living at home, the parent or
guardian seeking the protective injunction on behalf of the minor
child must: (2) Have reaso...
...than a parent, stepparent, or legal guardian of the minor child.
Id. (emphasis added).
3
alleged abuse. See also Hussey v. Lara,
272 So. 3d 498, 500 (Fla. 3d DCA
2019) (“The ‘evidentiary requirements present in §
784.046(4)(a)(1) [state]
that the petitioner must be an eyewitness, provide direct physical evidence,
or provide an eyewitness affidavit to the sexual battery, to obtain an injunction
for protection....
..., made to both the Mother and the
forensic interviewer. Because the Mother was not a witness to the alleged
acts and failed to introduce physical evidence or affidavits from eyewitnesses
to the alleged acts, she failed to meet the requirements of section
784.046(4)(a)(1) for the grant of an injunction against the Father.
Accordingly, the trial court erred by granting the injunction on this basis.”)
For the reasons stated, we reverse and remand the permanent
injunction against the Father because the Mother failed to meet the
requirements of section 784.046(4)(a)(1), Florida Statues (2023).
Reversed and remanded.
6
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 5425, 2011 WL 1449654
BENTON, C.J. Leo Gregory Horne appeals a “No Contact Order” entered against him on Pamela Endres’s Petition for Injunction Against Repeat Violence under section 784.046(2), Florida Statutes (2009)....
...the statute, and conducting an evidentiary hearing — duly noticed as being for the purpose of deciding whether a permanent injunction should issue under the statute — the trial court entered the no contact order under review. We reverse. Neither section 784.046(2) nor any other statute authorizes the no contact order, and even courts of general jurisdiction are without plenary power to enjoin citizens to remain on good behavior. The no contact order appears to recognize that proof of the parties’ interactions fell short of a showing that would warrant an injunction against repeat violence under section 784.046(2), Florida Statutes (2009). 1 Ms. Endres did not prove a single instance of “violence” within *430 the meaning of section 784.046(l)(a)....
...Endres; to have no contact in any manner with Ms. Endres; and not to go within 500 feet of her, her residence, her place of employment, or her car. 4 As seems to have been intended, the trial court’s no contact order has much the same effect as an injunction of the kind section 784.046(2) authorizes....
...ggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.” § 784.046(l)(a), Fla....
..."Repeat violence” means "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member.” § 784.046(I)(b), Fla....
...Thompson,
935 So.2d 592, 593 (Fla. 1st DCA 2006). . We have no occasion to interpret the federal statute in the present case, but do not endorse the proposition that entry of a "no contact order” in lieu of an injunction explicitly authorized by section
784.046(2), Florida Statutes (2009), makes a difference under 18 U.S.C....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 3651, 1995 WL 170144
THREADGILL, Acting Chief Judge. The appellant, Michael J. Raimondo, Jr., challenges his judgment and sentence for *1270 indirect criminal contempt based on a violation of an injunction for protection issued pursuant to section 784.046, Florida Statutes (1991)....
