MICHELE SCHUTT, APPELLANT,
v.
DAVID M. ALFRED, APPELLEE
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The court held that the evidence did not support a finding of dating violence because the statutory requirement of a dating relationship within the past six months was not met.
[1] A dating relationship must have existed within the past six months for an injunction for protection against dating violence to be granted.
[2] The existence of a dating relationship is determined by factors including the nature of the relationship and the frequency and type of interaction between the parties.
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Join FLexlaw to unlock all legal intelligenceAppellee filed a petition for an injunction against appellant for dating violence, alleging harassment. However, both parties testified and the petiti…
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This is an appeal from a final order of permanent injunction for protection against dating violence. For the reasons that follow, we reverse.
On March 2, 2013, Appellee, David Alfred, filed a petition for an injunction for protection against dating violence as to Appellant Michele Schutt. In his petition, Alfred alleged the following:
1. Alfred and Schutt knew each other since 2002 and started dating at that time.
2. The two were involved in an on-and-off physical, romantic relationship that ended when Alfred moved from Kentucky to Florida in May of 2011. Schutt remained in Kentucky.
3. After his move, the two initially had limited communication with each other; however, this changed after Alfred began dating someone else, and Schutt began harassing Alfred.
4. Schutt has stated she does not want Alfred to marry anyone else but her.
5. The specific incidents cited by Alfred in his petition included:
a. On January 27, 2013, Schutt faxed a letter to Alfred’s brother’s girlfriend stating that Alfred “has a bullet with his name on it and so does his bitch Linda [Alfred’s then-current girlfriend];”
b. In August 2012, Schutt mailed a package containing animal feces to Alfred’s workplace while Alfred was out of town;
c. On various dates, Schutt has left voicemails at Alfred’s place of work and has signed up for magazine subscriptions under Alfred’s name and had them delivered to Alfred’s work;
d. In November or December of 2012, Schutt sent a card to Alfred’s sister in Kentucky with a picture of excrement stating, “This is You Next Xmas” and containing another hateful message;
e. On August 13, 2012, Schutt emailed Alfred’s supervisor at work making it appear that it was an email from Alfred to his supervisor.
Significantly, in the petition for permanent injunction, signed and sworn to by Alfred, he was asked the following question and provided the following answer:
Have the Petitioner [Alfred] and Respondent [Schutt] been involved in a dating relationship within the past six months? _ Yes X No
A temporary injunction for protection against dating violence was entered by the trial court, and a final hearing on the petition was held on April 30, 2013. Al*774though there was extensive testimony presented at that hearing, our decision requires that we include only the following relevant and unrebutted testimony:
Alfred testified that he had no relationship with Schutt and had not been in a dating relationship with her since November of 2011, approximately six months after he moved from Kentucky to Key West.
Schutt testified that she had never been to Key West until she came down for the final hearing in the instant case. She was not in a dating relationship with Alfred and did not want to have any contact with Alfred.
Section 784.046(2), Florida Statutes (2013) provides separate causes of action for an injunction for protection in cases of repeat violence, sexual violence, or dating violence. In the instant case, Alfred filed a petition for protection against dating violence. With respect to dating violence, the statute provides as follows:
(d) “Dating violence” means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors:
1. A dating relationship must have existed within the past 6 months;
2. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties;
and
3. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.
The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.
§ 784.046(1)(d), Fla. Stat. (2013).
Based upon Alfred’s own testimony at the final hearing, as well as his sworn petition, the evidence did not and could not support a finding of dating violence. There was no evidence that a “dating relationship” existed “within the past 6 months” before the petition was filed. Indeed, the unrebutted evidence established that any such relationship ended, at the latest, in December of 2011. The petition was filed in March 2013, more than fifteen months later. Because the statute, by its express terms, requires that a “dating relationship must have existed within the past 6 months,” and there was not competent substantial evidence to support such a finding, we are constrained to reverse and remand with directions to vacate the permanent injunction. We do so, however, without prejudice to Alfred filing a timely and viable petition for injunction for protection against stalking. See § 784.0485, Fla. Stat. (2013).1
Reversed and remanded.
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Toubail v. White, 141 So. 3d 649 (Fla. 4th DCA 2014)…At the conclusion of the hearing, the court entered a final judgment of injunction for protection against dating violence. A final judgment of injunction against dating violence is reviewed for competent, substantial evidence. See Schutt v. Alfred, 130 So. 3d 772, 774 (Fla. 3d DCA 2014). “[T]he trial court must consider the current allegations, the parties’ behavior within the relationship, and the history of the relationship as a whole.” Gill v. Gill, 50 So. 3d 772, 774 (Fla. 2d DCA 2010) (citation omitted)…
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Nuila v. Stolp, 188 So. 3d 105 (Fla. 5th DCA 2016)…that petitioner is in imminent danger of another act of dating violence. Id. We review the judgment for competent substantial evidence proving those three elements. Toubail v. White, 141 So. 3d 649, 650 (Fla. 4th DCA 2014) (citing Schutt v. Alfred, 130 So. 3d 772, 772 (Fla. 3d DCA 2014)). As to the first element, both parties testified at the June 25, 2015, hearing that they had been in a dating relationship within the past six months. As to. the second element, dating violence, Appellee and Appellant gave…
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Hussey v. Lara, 272 So. 3d 498 (Fla. 3d DCA 2019)…er because there was insufficient admissible evidence to support it. To support granting an injunction under section 784.046, Florida Statutes, a petitioner must prove the statutory elements by competent, substantial evidence. Schutt v. Alfred, 130 So. 3d 772, 774 (Fla. 3d DCA 2014). The “evidentiary requirements present in section 784.046(4)(a)1. [state] that the petitioner must be an eyewitness, provide direct physical evidence, or provide an eyewitness affidavit to the sexual battery, to obtain an…
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