VERNA RUSSELL, ON BEHALF OF GREGORY RUSSELL, APPELLANT,
v.
KIM HOGAN, ON BEHALF OF TONYA HOGAN, APPELLEE
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The court held that the trial court erred in entering an injunction for protection against repeat violence because the evidence presented did not establish the required two incidents of violence.
A petition for injunction against repeat violence was filed alleging Russell committed acts of repeat violence. At the hearing, witnesses testified to…
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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).
Kim Hogan, on behalf of Tonya Hogan, filed a petition for injunction alleging that Russell committed acts of repeat violence. 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.' See Johnson v. Brooks, 567 So. 2d 34 (Fla. 1st DCA 1990) (holding that where there was no evidence of repeat violence, statutory elements are not met). Therefore, the trial court erred in entering the injunction.
Accordingly, we reverse.
FULMER, A.C.J., and DAVIS, J., Concur.
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Lukacs v. Luton, 982 So. 2d 1217 (Fla. 1st DCA 2008)…2005) (“[The appellee] did not allege an incident of violence against her; thus, for the injunction to have been valid, [the appellant] must have committed at least two acts of stalking against her.”); Russell ex rel. Russell v. Hogan ex rel. Hogan, 738 So. 2d 1003, 1003 (Fla. 2d DCA 1999) (“Repeat violence is defined as two incidents of stalking or violence .... ”); see also Werner v. Scharlop, 867 So. 2d 1172, 1173 (Fla. 4th DCA 2004) (finding that the evidence supported the trial court’s determination that…
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Ravitch v. Tess A. Whelan, 851 So. 2d 271 (Fla. 5th DCA 2003)…olence or other prohibited conduct. See Anderson v. McGuffey ex rel. McGuffey, 746 So. 2d 1257 (Fla. 1st DCA 2000) (holding that statutory elements not met where no evidence of repeat violence exists); Russell ex rel. Russell v. Hogan ex rel. Hogan, 738 So. 2d 1003 (Fla. 2d DCA 1999). Accordingly, we reverse the trial court’s final judgment imposing an injunc [*274] tion against repeat violence and the order taxing costs against Ravitch. REVERSED. SAWAYA, C.J. and MONACO, J., concur. . This debt is now the…
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Anderson v. McGUFFEY, 746 So. 2d 1257 (Fla. 1st DCA 2000)…ion was offered in either the petition for the injunction or at the subsequent hearing at which the parties testified. Accordingly, the trial court erred in entering the injunction, and we reverse. See Russell ex rel. Russell v. Hogan ex rel. Hogan, 738 So. 2d 1003 (Fla. 2d DCA 1999) (reversing entry of injunction for protection against repeat violence because only testimony was of one act of violence); Johnson v. Brooks, 567 So. 2d 34 (Fla. 1st DCA 1990) (reversing entry of injunction for protection against r…
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- Johnson v. Brooks, 567 So. 2d 34 (Fla. 1st DCA 1990)