GREGORY SHAWN FILES
v.
AMANDA DEBORAH HAYES
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An injunction for protection against domestic violence must be reversed when the respondent has not committed any acts of violence or threats within the three years preceding the filing of the petition, as the petitioner cannot establish an objectively reasonable fear of imminent danger.
[1] To obtain an injunction for protection against domestic violence under Florida law, the petitioner must establish an objectively reasonable fear of imminent danger of bec…
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Join FLexlaw to unlock all legal intelligence“To obtain an injunction for protection against domestic violence, the party seeking the injunction must establish that she has an objectively reasonable fear that she is in 'imminent danger of becoming the victim of any act of domestic violence.'”
Statement of applicable legal standard from Fla. Stat. § 741.30(1)(a) and Randolph v. Rich
Gregory Shawn Files and Amanda Deborah Hayes had a history involving incidents of alleged violence and their son. Hayes filed a petition for an injunc…
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September 22, 2021 PER CURIAM.
Gregory Shawn Files seeks to reverse an injunction for protection against domestic violence entered against him based on various incidents involving Amanda Deborah Hayes and their son. Hayes alleged several past acts of violence against her by Files, but no act of violence was alleged to have occurred in the three years prior to the filing of the petition, thereby requiring reversal of the injunction. To obtain an injunction for protection against domestic violence, the party seeking the injunction must establish that she has an objectively reasonable fear that she is in “imminent danger of becoming the victim of any act of domestic violence.” § 741.30(1)(a), Fla. Stat. (2021); Randolph v. Rich, 58 So. 3d 290, 291 (Fla. 1st DCA 2011). Because there was no evidence of any threats within the prior three years and the allegations of violence are remote in time from the filing of the petition, it was error to enter the injunction.
REVERSED. LEWIS, MAKAR, and KELSEY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Ross A. Keene of Ross Keene Law, P.A., and Erica Caitlin Dlubala of Kenny Leigh & Associates, Pensacola, for Appellant. No appearance for Appellee.