Can Past Threats Justify a Domestic Violence Injunction in Fort Lauderdale?
Domestic violence injunctions are a legal tool to protect individuals who are in “imminent danger” of abuse. Put another way, injunctions are for current victims of domestic violence. A Florida court is not allowed to issue an injunction based on “stale” accusations that are considered too remote in time.
Florida Appeals Court: No Evidence Ex-Wife in Current or Imminent Danger from Ex-Husband
The Florida Fourth District Court of Appeal recently addressed such a case. In Thomas v. Li, a Broward County judge issued a domestic violence injunction against the now ex-husband of the accuser. The Court of Appeal reversed the injunction, however, because there was no evidence the ex-husband posed a current or imminent threat to his ex-wife.
That is not to say the parties did not have an acrimonious record in the past. According to court records, while the couple was still married in October 2022, they got into a fight while on a trip to the beach. After returning home, the ex-wife took a shower. According to her, the ex-husband proceeded to dump a bunch of kitchen knives onto the floor of the shower and told her, “[I]f you want to do damage, do damage.” The ex-husband confirmed this event, stating that his ex-wife had a habit of cutting herself, that he believed she was cutting herself in the shower, and that his actions were an attempt to “shock” her out of such behavior.
A short time later, the ex-wife claimed the ex-husband took out a loaded gun and put it on a table in their den. He then essentially invited her to shoot herself. The ex-husband then left the house.
Two days later, the ex-wife moved out of the marital home. A few weeks later, the ex-husband also moved out of the house and relocated to South Carolina. The ex-wife returned to the marital home a few months later. During this period, the ex-wife said the ex-husband regularly sent her “vindictive and angry” emails at work despite her request that he stop communicating with her. But at no point, the ex-wife conceded, did her ex-husband ever threaten to harm her, although she was afraid he might return to Florida.
The Circuit Court found that the ex-wife was either a victim of domestic violence or in imminent danger of becoming a victim of domestic violence. On that basis, the court issued a domestic violence injunction against the ex-husband. This included a restraining order and required the ex-husband to surrender any firearms in his possession.
In reversing the Circuit Court’s injunction, the Fourth District noted that the parties in this case had not lived together since after their fight in October 2022. Indeed, they had not physically seen one another, as the ex-husband moved to a different state. For her part, the ex-wife waited about five months after her ex-husband moved out to seek a domestic violence injunction. Under these facts, the appellate court said it was legal error for the trial judge to conclude the ex-wife was a current or imminent victim of domestic violence.
Contact a Fort Lauderdale Domestic Violence Injunction Lawyer Today
A domestic violence injunction can have serious consequences for your and your family. That is why it is important to work with an experienced Fort Lauderdale domestic violence injunction lawyer who will stand up for your rights in court. Call Haber | Blank LLP today at 954-767-0300 to schedule a consultation.
Source:
scholar.google.com/scholar_case?case=1843749589852761778
