CALVIN ELVIN COUNSIL
v.
ZEIDA ANDERSON
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A domestic violence injunction cannot be extended without a factual basis showing violence between the parties.
[1] A temporary injunction for protection against domestic violence cannot be extended without a factual basis demonstrating violence between the parties.
[2] An order extending a temporary injunction for domestic violence must be reversed if the trial court orally found that no violence had occurred between the parties.
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“domestic violence injunctions are an exception to the usual rules of mootness because of the collateral consequences that flow from such injunctions”
explaining why the court will address the merits despite the injunction having expired
Appellant sought review of an order extending a temporary injunction for protection against domestic violence for 90 days. The trial court orally foun…
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injunction has now expired, we remand for entry of an order vacating the injunction. See Pryor v. Pryor, 141 So. 3d 1279, 1280 (Fla. 1st DCA 2014) (explaining that domestic violence injunctions are an exception to the usual rules of mootness because of the collateral consequences that flow from such injunctions) (quoting Rodman v. Rodman, 48 So. 3d 1022 (Fla. 1st DCA 2010)).
REVERSED and REMANDED with instructions LEWIS, WETHERELL, and WOLF, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Robert Calvin Rivers, Law Offices of Robert Calvin Rivers, Jacksonville, for Appellant. Anadelle Marie Martinez-Mullen, Quigley House, Jacksonville, for Appellee.
741.30(5)(c), Fla. Stat. (authorizing the extension of a temporary injunction only when the final hearing is continued for good cause shown).
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- Mohamed Shaheed Bacchus v. Heba Bacchus, 108 So. 3d 712 (Fla. 5th DCA 2013)
- Rodman v. Niah Rodman, 48 So. 3d 1022 (Fla. 1st DCA 2010)
- Dietz v. Dietz, 127 So. 3d 1279 (Fla. 1st DCA 2013)
- Pryor v. Pryor, 141 So. 3d 1279 (Fla. 1st DCA 2014)