MELANIE BERES
v.
KILLIAN BERES- PETERSON
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Two daughters obtained domestic violence protective injunctions against their mother, Melanie Beres. The Fourth District Court of Appeal reversed both injunctions, holding that the evidence did not establish imminent danger of domestic violence, and noting that these statutes are not designed to substitute for Baker Act or guardianship proceedings.
The evidence failed to demonstrate that the petitioner daughters were in imminent danger of becoming victims of any act of domestic violence committed by their mother within the meaning of Florida Statutes sections 741.29–741.31. The court held that the domestic violence protection statutes are not designed to serve as substitutes for Baker Act proceedings or guardianship proceedings.
“We reverse two injunctions for protection against domestic violence which two daughters obtained against their mother. Although both injunctions appear to be well-intentioned, the evidence below failed to demonstrate that the petitioner daughters were in imminent danger of becoming victims of any act of domestic violence committed by their mother, within the meaning of sections 741.29–741.31, Florida Statutes (2024).”
Establishes the core holding that the evidence was insufficient to meet the statutory requirement of imminent danger of domestic violence.
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Join FLexlaw to unlock all legal intelligenceTwo daughters (Raven Beres Peterson and Killian Beres Peterson) obtained injunctions for protection against domestic violence against their mother, Me…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
MELANIE BERES, Appellant,
V.
RAVEN BERES PETERSON, Appellee.
No. 4D2024-0684
MELANIE BERES, Appellant,
V.
KILLIAN BERES PETERSON, Appellee.
No. 4D2024-0691
[February 12, 2025]
Consolidated appeals from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Dina Keever-Agrama, Judge; L.T. Case Nos. 502024DR001311 and 502024DR001310.
Melanie Beres, Milwaukee, WI, pro se.
No appearance for appellees.
PER CURIAM.
We reverse two injunctions for protection against domestic violence which two daughters obtained against their mother. Although both injunctions appear to be well-intentioned, the evidence below failed to demonstrate that the petitioner daughters were in imminent danger of becoming victims of any act of domestic violence committed by their mother, within the meaning of sections 741.29–741.31, Florida
Statutes (2024). Those statutory sections are not designed to be substitutes for the Baker Act¹ or guardianship proceedings.
We reverse and remand with instructions to vacate the injunctions.
Reversed and remanded.
WARNER, GROSS and LEVINE, JJ., concur. * * *