LONNY LEE BRISTOW, APPELLANT,
v.
BRADLEY A. BRISTOW, APPELLEE
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Lonny Bristow appealed the dismissal of his petition for an injunction for protection against domestic violence filed against his brother Bradley. The court affirmed the dismissal because the petition failed to state a cause of action, containing vague allegations unsupported by sufficient facts to establish either prior domestic violence or imminent danger.
The petition failed to state a cause of action because it did not allege sufficient facts to support a finding that the respondent previously committed domestic violence, nor did it allege sufficient facts showing reasonable cause to believe the petitioner was in imminent danger of domestic violence, particularly given that the petitioner was incarcerated and the respondent resided in another state.
[1] A petition for an injunction for protection against domestic violence must allege facts demonstrating that the respondent has previously committed an act of domestic viol…
[2] A petition for an injunction for protection against domestic violence is legally insufficient if its allegations are too vague to support a finding that the respondent co…
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Join FLexlaw to unlock all legal intelligence“any person who is either the victim of domestic violence or who has reasonable cause to believe he or she is in imminent danger of becoming a victim of any act of domestic violence has standing to file a sworn petition for an injunction for protection against domestic violence”
Establishes the statutory standing requirement under section 741.30(1)(a), Florida Statutes
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Join FLexlaw to unlock all legal intelligenceAppellant Lonny Bristow filed a petition for injunction against his brother Bradley Bristow, alleging that Bradley made statements evincing intent to …
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Appellant, Lonny Bristrow, appeals an order dismissing his petition for injunction for protection against domestic violence. Wé affirm because the petition failed to state a cause of action.1
Pursuant to section 741.30(l)(a), Florida Statutes (2014), any person who is either the victim of domestic violence or who has reasonable cause to believe he or she is in imminent danger of becoming a victim of any act of domestic violence has standing to file a sworn petition for an injunction for protection against domestic violence. In his petition, Appellant alleges that Appellee, his brother, made statements evincing an intent to physically harm Appellant. However, the allegations are extremely vague as to the circumstances surrounding the making of these alleged statements and, indeed, whether Appellee even made the statements to Appellant. As a result, the petition fails to allege facts that would support a finding *963that Appellee has previously committed an act of domestic violence2 against him.
The petition also fails to allege sufficient facts to show that Appellant .has reasonable cause to believe he is in imminent danger of being a victim of domestic violence, particularly given the allegations that Appellant is currently incarcerated in Sumter County, Florida, and that Appellee is a resident of Ohio.
We further find no error in the trial court’s failure to set an evidentiary hearing. Because of the aforesaid pleading deficiencies, the petition fails to allege facts that would subject Appellee to the jurisdiction of this State’s courts under section 48.193, Florida Statutes (2014).
Our affirmance is without prejudice to Appellant filing, if able to do so in good faith, a new, legally sufficient petition.
AFFIRMED.
LAWSON and EDWARDS, JJ., concur.