LEAH MUSE, APPELLANT,
v.
JOSHUA B. MUSE, O/B/O MIKELAH MUSE AND JOSHUA MUSE, II, APPELLEE
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Leah Muse appeals a domestic violence injunction entered against her on behalf of minor children. The court reversed the injunction, holding that the petitioner's subjective fear of potential harm without evidence of actual domestic violence or imminent danger is insufficient under Florida law.
An injunction for protection against domestic violence cannot be entered based solely on a petitioner's subjective fear. The court must have evidence giving it reasonable cause to believe the minor children are in imminent danger of becoming victims of domestic violence as defined by statute.
[1] A court may grant an injunction for protection against domestic violence with minor children only upon evidence giving it reasonable cause to believe the minor children a…
[2] A petitioner's subjective fear that something bad might happen to children is insufficient to meet the statutory standard for an injunction for protection against domesti…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“before an injunction may be entered, the court must have before it evidence that would give it 'reasonable cause to believe' the minor children are 'in imminent danger of becoming a victim of domestic violence.'”
Establishes the statutory standard required for entry of a domestic violence injunction
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Join FLexlaw to unlock all legal intelligenceJoshua B. Muse sought an injunction for protection against domestic violence on behalf of minor children against Leah Muse. The basis for the injuncti…
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Leah Muse appeals from a final judgment of injunction for protection against domestic violence "with minor children. The injunction was entered pursuant to section 741.30, Florida Statutes (2008), which states:
(6)(a) Upon notice and hearing, when it appears to the court that the petitioner is either the victim of domestic violence as defined by s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court may grant such relief as the court deems proper, including an injunction.
Accordingly, before an injunction may be entered, the court must have before it evidence that would give it “reasonable cause to believe” the minor children are “in imminent danger of becoming a victim of domestic violence.” See Young v. Smith, 901 So.2d 372, 373 (Fla. 2d DCA 2005); Giallanza v. Giallanza, 787 So.2d 162, 165 (Fla. 2d DCA 2001). Domestic violence is defined in section 741.28(2), Florida Statutes (2008), as certain violent *233or harmful criminal acts between family or household members.
The record before the trial court was devoid of any evidence that would have permitted the requisite finding. Joshua Muse did not present any sworn testimony or evidence, and the unsworn assertions that provided the basis for his motion can only be characterized as his subjective fear that “something bad might happen” to his children because of Leah Muse’s alleged relationships with third parties. His subjective fear is insufficient to warrant the entry of an injunction under section 741.30. See Oettmeier v. Oettmeier, 960 So.2d 902, 903 (Fla. 2d DCA 2007) (holding that petitioner’s subjective fear was not enough to meet the standard required in section 741.30(l)(a)). Accordingly, we reverse the final judgment of injunction.
Reversed.
CASANUEVA, C.J., and CRENSHAW, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sanchez v. Mirna G. Sanchez, 48 So. 3d 199 (Fla. 2d DCA 2010)…a victim of domestic violence. See Jones v. Jones, 32 So. 3d 772 (Fla. 2d DCA 2010) (stating that petitioner must produce competent, substantial evidence to show objectively reasonable fear of imminent domestic violence); Muse v. Muse ex rel. Muse, 27 So. 3d 232 (Fla. 2d DCA 2010) (noting that subjective fears of domestic violence are not sufficient grounds for injunction). Because the evidence was insufficient to support an injunction for Ms. Sanchez’s protection, we reverse the injunction under review. W…
Authorities Cited
- Boyd v. State, 787 So. 2d 162 (Fla. 2d DCA 2001)
- Oettmeier v. Oettmeier, 960 So. 2d 902 (Fla. 2d DCA 2007)
- Young v. Shelitha Kay Smith, 901 So. 2d 372 (Fla. 2d DCA 2005)