MELANIE BERES
v.
RAVEN BERES PETERSON

Fla. 4th DCA | 2025-02-12
No. 4D2024-0684
2025 FL 1222 Florida District Court of Appeal, Fourth District (2025)

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Holding

Injunctions for protection against domestic violence require evidence of imminent danger of becoming a victim of domestic violence, and such injunctions cannot be used as substitutes for Baker Act or guardianship proceedings.


Headnotes

[1] An injunction for protection against domestic violence under Florida Statutes sections 741.29-741.31 requires evidence that a petitioner is in imminent danger of becoming…

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Facts & Procedural History

Two daughters obtained injunctions for protection against domestic violence against their mother, Melanie Beres. The trial court granted both injuncti…

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Opinion of the Court

Consolidated appeals from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Dina Keever-Agrama, Judge; L.T. Case Nos. 502024DR001311 and 502024DR001310.

Melanie Beres, Milwaukee, WI, pro se. No appearance for appellees. PER CURIAM.

We reverse two injunctions for protection against domestic violence which two daughters obtained against their mother.

Although both injunctions appear to be well-intentioned, the evidence below failed to demonstrate that the petitioner daughters were in imminent danger of becoming victims of any act of domestic violence committed by their mother, within the meaning of sections 741.29–741.31, Florida

2

Statutes (2024). Those statutory sections are not designed to be substitutes for the Baker Act1 or guardianship proceedings.

We reverse and remand with instructions to vacate the injunctions. Reversed and remanded. WARNER, GROSS and LEVINE, JJ., concur.

* * * Not final until disposition of timely filed motion for rehearing.

Footnotes
1 §§ 394.451 et seq., Fla. Stat. (2024).

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