In this case, the appellate court actually vacated–threw out–a domestic violence injunction issued by the trial court. For instance, the petitioner–the person seeking the injunction–must prove there is “objectively reasonable cause to believe” they are in “imminent danger of becoming a victim of domestic violence.” The word imminent is crucial as it means that a domestic violence injunction typically cannot be justified by citing alleged incidents that occurred years earlier or are otherwise too “remote” the timing of the petition.Īppeals Court Tosses Injunction Due to Lack of “Imminent” Danger to PetitionerĪ recent decision from the Florida Third District Court of Appeals, McGuire v. If the court issues the injunction, the respondent faces potential criminal charges–and thus jail time–if they violate the terms of the order.Īt the same time, the respondent has certain basic due process rights to contest the validity of the injunction. Under Florida law, a person who is a victim or potential victim of domestic violence may request a court injunction against their alleged abuser. What Is The Legal Standard For A Domestic Violence Injunction In Florida?