KIM BOYLES, APPELLANT,
v.
ERIC A. TIEFENTHALER, APPELLEE
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BLUE, Chief Judge.
Kim Boyles appeals an injunction for protection against repeat violence, obtained against her by Eric Tiefenthaler. We have reviewed the record and conclude that the evidence was insufficient to support the injunction. Accordingly, we reverse. See Russell ex rel. Russell v. Hogan ex rel. Hogan, 738 So. 2d 1003 (Fla. 2d DCA 1999). Although the six-month injunction has expired by its own terms, this case is not moot because the issuance of the injunction prevents Boyles from carrying a gun under federal law and thus affects her career in law enforcement. See Weiand v. State, 732 So. 2d 1044, 1054-55 n. 11 (Fla.1999) (noting restriction against firearm possession by person under restraining order pursuant to 18 U.S.C.A. § 922).
Reversed.
STRINGER and COVINGTON, JJ., concur.
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Murphy v. Reynolds, 55 So. 3d 716 (Fla. 1st DCA 2011)…1022, 1022 (Fla. 1st DCA 2010) (“[I]njunctions for protection against domestic violence are an exception to the usual rules of mootness because of the collateral legal consequences that flow from such an injunction.”); accord Boyles v. Tiefenthaler, 810 So. 2d 1041, 1041 (Fla. [*717] 2d DCA 2002) (finding an appeal of an injunction for protection against repeat violence was not moot, as “issuance of the injunction prevented] [appellant] from carrying a gun under federal law and thus affect[ed] her career in la…
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Horne v. Endres, 61 So. 3d 428 (Fla. 1st DCA 2011)…5 n. 11 (Fla.1999) (“In addition, pursuant to 18 U.S.C.A. § 922 (West Supp.1998), it is unlawful for any person under a restraining order to transport, possess, or receive in interstate commerce any firearms or ammunition.”); Boyles v. Tiefenthaler, 810 So. 2d 1041, 1041 (Fla. 2d DCA 2002). The no contact order, which was to remain in effect until further order of the trial court, directs Mr. Horne to “refrain from committing or causing any act or threat of violence against” Ms. Endres; to have no contact in a…
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Bell v. Battaglia, 332 So. 3d 1094 (Fla. 2d DCA 2022)
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- Payton v. State, 732 So. 2d 1044 (Fla. 1999)
- Weiand v. State, 732 So. 2d 1044 (Fla. 1999)
- Russell v. Hogan, 738 So. 2d 1003 (Fla. 2d DCA 1999)