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Domestic Violence Flashcards

1
Q

How does one obtain an injunction for protection against domestic violence?

A

The petitioner must be the victim of domestic violence or have reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence. The fear of imminent danger must be objectively reasonable

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2
Q

When is an incident too remote in time to support the issuance of an injunction for protection against domestic violence?

A

There is no bright line rule but courts seem to agree that one year is too remote in time if there are no current allegations.

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3
Q

What is the standard of review of a domestic violence injunction?

A

Abuse of discretion.

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4
Q

Who has standing to bring to seek an injunction for protection against DV?

A

Any family or household member who is either a victim of domestic violence or has reasonable cause to believe they are in imminent danger of becoming a victim of act of domestic violence has standing to seek a domestic violence injunction.

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5
Q

What is domestic violence?

A

Any assault, aggravated assault, battery, aggravated batter, sexual assault, sexual batter, stalking, aggravated stalking, kidnapping, false imprisonment or any criminal offense resulting in physical injury or death of one family or house member by another family or house member.

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6
Q

Who is a “family or house member” for purposes of DV?

A
  1. spouse
  2. former spouse
  3. persons related by blood or marriage
  4. persons who are presently residing together as if a family or who have resided together in the past as if a family
  5. persons who are parents of a child in common regardless if they were ever married
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7
Q

What is the one exception to the rule that family or house members must currently reside together or resided together in past for purposes of DV?

A

Parents who share a child in common.

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8
Q

Is an aunt who lived with kids and cared with them for one week while mom was in the hospital fit the definition of a household member within domestic violence?

A

Yes.

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9
Q

Could maternal grandfather who had temporary custody of grandchild seek domestic violence injunction against the child’s biological father?

A

No, maternal grandfather did not constitute a person having a child in common with bio daddy

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10
Q

BF & GF sleep over on occasion but have separate houses, can GF seek DV injunction against BF?

A

No, they are not household members under DV

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11
Q

How can a child seek injunction against a parent?

A

By and through a parent as “next friend”

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12
Q

Is there a residency requirement to seek DV

A

741.30(1)(j)

No minimum residency requirements - DV can be filed in a circuit where:
-petitioner currently or temporarily resides;
-where respondent resides;
- or where the DV occurred

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13
Q

Where can DV action be brought?

A
  1. Circuit where petitioner currently or temporarily resides
  2. where respondent resides, or
  3. where the DV occurred
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14
Q

When must objection to standing in a DV matter be raised?

A

Prior to entry of FJ - standing is waived if not raised at time of hearing.

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15
Q

If there is a DV action pending and a subsequently entered order in a family action is entered, what happens?

A

Subsequent orders in Chapter 61 take precedence over any inconsistent provisions of a DV injunction.

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16
Q

Is a bond required by petitioner for entry of an injunction?

A

NO - 741.30(2)(b)

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17
Q

Is a petitioner prevented from seeking an injunction if they leave the household ?

A

No - not penalized for leaving to avoid DV

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18
Q

If a Petitioner filed petition for injunction, can court make the injunction reciprocal?

A

No - no mutual orders. Each have to have their own separate petition for injunction

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19
Q

Is there a privilege between a victim and a domestic violence advocate?

A

90.5036
Yes - communication between DV advocate and DV victim is confidential if it is related to the incident of DV for which victim is seeking assistance and if it is not intended to be disclosed to a 3rd person other than:
1. someone who is going to further interest of victim in consult
2. persons whom disclosure is necessary to accomplish purpose for which dv advocate is consulted

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20
Q

In determining if whether petitioner has a reasonable cause to believe they are in imminent danger of becoming a victim of DV, what factors must court consider?

A

The court must consider all factors alleged in petition for injunction for protection against DV including, but not limited to:
1. history of parties - threats, harassment, stalking and physical abuse
2. if Respondent has attempted to harm Petitioner or family members or people close to Petitioner
3. if Respondent has threatened to conceal, kidnap or harm Petitioner’s kids
4. If Respondent has used or threaten to use weapons against Petitioner.
5. If Respondent has intentionally injured or killed family pet
6. If Respondent has physically restrained Petitioner from leaving home or calling cops
7. If Respondent has criminal history involving violence or threat of violence
8. existence of DV injunction in other jurisdictions
9. if Respondent has destroyed Petitioner’s personal property
10. If Respondent has engaged in any other conduct that would lead Petitioner to reasonably believe they are in imminent danger of becoming victim

COURT IS NOT LIMITED TO THESE FACTORS WHEN DETERMINING IF PETITIONER HAS REASONABLE CAUSE

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21
Q

What happens if court denies a temporary injunction without a hearing?

A

The court can deny a temp hearing but it must state legal grounds i.e. there is no basis for injunction and it must be memorialized by written order noting grounds of denial.

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22
Q

When / why will court deny a temp injunction on an ex parte basis?

A

Because it finds no appearance of immediate and present danger but court can set a full hearing

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23
Q

When can court consider ex parte temp injunction

A

When it appears to court that an immediate and present danger of DV exists.

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24
Q

What is the procedure if a temp ex parte injunction is granted?

A
  1. stays in place for no more than 15 days
  2. full hearing shall be set no later than when injunction expires
  3. court may grant continuance before or during hearing if good cause shown by either party - even to obtain service of process
  4. service shall be made by law enforcement
  5. any injunction shall be extended in event of continuance
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25
Q

Who must serve injunction?

A

Law enforcement. No private process servers.

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26
Q

What relief is possible under an ex parte temp injunction?

A

1.Restrain Respondent from committing any acts of DV against Petitioner or members of Petitioner’s family
2. no contact with Petitioner or family members
3. Award Petitioner temp exclusive use and possession of a shared home or exclude Respondent from Petitioner’s home
4. specify distance Respondent must stay away from Petitioner, the home,. school, work, kid’s school, places Petitioner goes,
5. Temporary custody of kids
6.Order Respondent to surrender fire warms
7. order any other relief necessary

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27
Q

What MUST occur for a final hearing on injunction?

A
  1. must be recorded
  2. court shall allow advocate from SAO to be present with Petitioner or Respondent
    3.upon proper notice, when it appears to court that Petitioner is a victim of DV or has reasonable cause, court can grant relief as court deems necessary whether Respondent appears in court or not
  3. may be granted whether Respondent shows up or not
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28
Q

How long can a final judgment of injunction for protection be effective?

A
  1. indefinitely until modified or dissolved by judge at either party’s request, upon notice and hearing or
  2. expire on a date certain at judge’s discretion
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29
Q

What MUST the FJ of Injunction for Protection provide?

A
  1. That Respondent cannot have firearms
  2. If they violate, it’s a misdemeanor
  3. Doesn’t apply to active officers (that would conflict with fed law)
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30
Q

Can a FJ of Injunction for Protection establish temporary support for child?

A

Yes, until injunction expires.

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31
Q

Can FJ of Injunction for Protection order counseling for children?

A

Yes

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32
Q

Can FJ of injunction order substance abuse or mental health evaluation for Respondent and order Respondent to seek treatment?

A

Yes

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33
Q

Can FJ of Injunction for Protection establish a Parenting Plan?

A

Yes.

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34
Q

Can FJ of Injunction for Protection establish alimony?

A

Yes

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35
Q

When SHALL court ordered Respondent to attend batter intervention program?

A
  1. finds Respondent willfully violated ex parte injunction
  2. Respondent has been convicted or had adjudication withheld plead no contest to a crime involving violence
  3. any time in past an injunction has been entered against Respondent with notice

UNLESS COURT MAKES WRITTEN FACTUAL FINDINGS BASED ON SUB COMP EVIDENCE AS TO WHY IT’ NOT ORDERING THIS RELIEF

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36
Q

What must all temp and FJ indicate?

A
  1. That the injunction is valid in all counties in FL
  2. law enforcement may use arrest powers
  3. court retains jurisdiction over parties and matters
  4. reasonable notice and opportunity to be heard was given to Respondent sufficient to protect due process
  5. date Respondent was served
  6. if FJ issued, terms of temporary extended until Respondent is served with FJ.
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37
Q

How can court enforce violation of injunction?

A

civil or criminal contempt and state can prosecute criminally

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38
Q

Can court impose monetary fine for noncompliance with injunction?

A

yes, pursuant to F.S. 741.30(9)(a)

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39
Q

What is the favored method of enforcing compliance with injunction?

A

Criminal prosecution.

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40
Q

What happens if violation of domestic violence injunction is being prosecuted criminally?

A
  1. clerk shall assist Petitioner in preparing affidavit
  2. affidavit immediately forwarded to State Attorney
  3. if allegation of crime - must be sent to law enforcement
  4. Law enforcement to complete investigation in 20 days
  5. State attorney has 30 working days to determine if it will file criminal charges or prepare motion for order to show cause
41
Q

What can injured party seek if Respondent violates injunction and Petitioner suffers injury or loss?

A

Petitioner can seek economic damages, including fees and costs.

42
Q

Can a DV court adjudicate paternity?

A

Only if Father voluntarily executes acknowledgment of paternity in connection with DV action

43
Q

What presumption is created if Respondent has criminal conviction of 3rd degree felony DV?

A

Creates a rebuttable presumption against unsupervised timesharing.

44
Q

What is required if a party files a DV petition for repeat violence?

A

Swear under oath
1. 2 incidents of violence, 1 of which occurred within 6 months of filing petition which Respondent committed against Petitioner or family member
2. specific facts and circumstances alleged as a basis for the relief sought

45
Q

What is the purpose of repeat violence?

A

It’s a catch all for petitioners who don’t fall under DV, dating or sexual violence

46
Q

Who has standing to file a DV injunction for repeat violence

A

Any person who is victim of repeat violence or parent or legal guardian of any minor child who is living at home and who seeks injunction on behalf of kid has standing

47
Q

When can service be made for injunction?

A

Any day of week - court will make sure sheriff in county were Respondent lives with copy of petition and Notice of Hearing and the temporary injunction.

48
Q

What are the TYPES of injunctions for protection are available in FL?

A
  1. Domestic Violence
  2. Dating Violence
  3. Sexual Violence
  4. Repeat Violence
  5. Stalking Violence
  6. Other Juvenile dependency injunction against violence. Risk protection injunct, protection for vulnerable adults
49
Q

If petitioner seeks temporary custody of minor child as part of temporary domestic violence injunction, what must be filed?

A

UCCJEA Affidavit.

50
Q

What is the definition of dating violence?

A

Individuals who have or have had a continuing and significant relationship of a romantic or intimate nature

51
Q

How does Court determine if individuals have or have had a continuing and significant relationship of a romantic or intimate nature for purposes of dating violence?

A

a. Relationship must have existed in the past six months;

b. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties;

c. 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 relationship; and

d. 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. Fla. Stat. § 784.046(1)(d).

52
Q

What is required for repeat violence?

A

There must be two incidents of violence or stalking committed by the Respondent, which are directed against the petition or the petitioner’s immediate family member, and one of the two incidents must have been within six months of filing of the petition.

53
Q

What element is required for a stalking injunction

A

That the result of conduct / stalking is causing substantial emotional distress.

54
Q

What is the definition of assault?

A

An intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

55
Q

What is the definition of aggravated assault?

A

An assault with a deadly weapon without intent to kill; or with an intent to commit a felony.

56
Q

What is the definition of battery?

A

A battery occurs when a person actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person.

57
Q

What is the definition of aggravated battery?

A

A person commits aggravated battery who, in committing battery intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or uses a deadly weapon.

58
Q

What is the definition of sexual battery?

A

Means oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose

59
Q

What is the definition of stalking?

A

A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking.

60
Q

What is the definition kidnapping?

A

The term kidnapping means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to hold for ransom or reward or as a shield or hostage; or commit or facilitate commission of any felony; or inflict bodily harm upon or to terrorize the victim or another person; or interfere with the performance of any governmental or political function. Kidnapping also means confinement of a child under the age of 13 against her or his will within the meaning of this subsection if such confinement is without the consent of her or his parent or legal guardian

61
Q

What is the definition of false imprisonment?

A

Means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.

62
Q

What kind of jurisdiction is necessary for court to enter temp or final injunction?

A

Personal jurisdiction over the Respondent.

63
Q

Within 24 hours of court issuance of injunction issuance, the Clerk of Court shall do what?

A

The Clerk shall electronically transmit a copy of the petition, financial affidavit, UCCJEA, notice of hearing and injunction to the requisite sheriff / law enforcement agency for purposes of effecting service

64
Q

What happens if an ex parte petition for injunction is denied?

A

a) The petition may be denied without a return hearing if there is no basis for the issuance of an injunction, but a denial of a petition for an ex parte (temporary) petition shall be by written order noting the legal grounds for the denial.
b) When the grounds for denial is no appearance of an immediate and present danger of domestic violence, the petition for ex parte (temporary) injunction may be denied by the court, and the court shall set a full hearing on the petition for injunction with notice at the earliest possible time. §741.30(5)(b).

65
Q

What happens if temp ex parte injunction is granted?

A

a) Any temporary injunction shall be effective for a fixed period not to exceed fifteen days.

b)The court may grant a continuance of the hearing before or during a hearing for good cause shown by either party, which shall include a continuance to obtain service of process.

c)A full hearing shall be set for a date no later than the date when the temporary injunction ceases to be effective

66
Q

What are the REQUIREMENTS FOR WRITTEN TEMPORARY AND FINAL ORDERS for injunctions for protection?

A

1.Forms approved by the Florida Supreme Court shall be used for final injunctions. Fla. Fam. L.R.P. 12.610(c)(2)(A)

2.The court had jurisdiction over the parties and matter.

3.The date Respondent was served with the temporary or final order, if obtainable. §741.30(6)(d)4.

4.Reasonable notice and opportunity to be heard was given to Respondent sufficient to protect that person’s right to due process. § 741.30(6)(d)3.

5.Law enforcement officers may use their arrest powers pursuant to § 90.15(6) to enforce the terms of the injunction. § 741.30(6)(d)2.

6.A judgment should indicate on its face that the injunction is valid and enforceable in all counties in Florida. § 741.20(6)(d)(1).

7.Requirement for final injunctions only - a final injunction MUST on its face, indicate that it is a violation of § 790.233, and a first-degree misdemeanor, for respondent to have in his or her case, custody, possession, or control any firearm or ammunition

67
Q

WHAT ARE CONSEQUENCES FOR RESPONDENT ONCE A FINAL JUDGMENT FOR PROTECTION AGAINST DOMESTIC VIOLENCE IS ENTERED??

A

1.An injunction may require no contact, limited timesharing with children, supervised timesharing, the respondent to leave the residence, and/or pay child support for the minor children or professional. (But see Caddy v. Robinson, 323 So.3d 749 (4thDCA 2021)(Timesharing order issued by family court took precedence over subsequently issued domestic violence injunction in favor or former wife against former husband that granted former wife 100% timesharing; former spouses and family court agreed to timesharing agreement whereby former husband would have custody of former spouse’s two minor children on three weekends of every month two years prior to issuance of domestic violence inunction).

2.Under the state and federal law, the respondent is prohibited from possessing firearms and ammunition.

3.Law enforcement officers or anyone employed in a position that requires the use of weapons may be affected.

4.The respondent’s current employment status or employment applications may be affected.

5.Professional licenses may be affected.

6.Entry into the military may be affected.

7.Admission to schools, colleges, universities may be affected.

8.Violation of a final injunction may affect a resident alien’s application for citizenship and may result in deportation if the respondent is not a citizen.

9.Final judgments are enforceable in all fifty states and all U.S. territories under the Full Faith and Credit Clause.

10.Violation of a final injunction may result in arrest and charge of a first-degree misdemeanor for each violation with a maximum sentence of one year under Florida law.

11.If the respondent stalks the petitioner who has an injunction against him or her, the respondent may be charged with aggravated stalking, a third-degree felony.

68
Q

The defendant pled guilty to a charge of aggravated battery with a deadly weapon and two counts of child abuse and was sentenced to prison followed by three years of probation. The defendant’s ex-wife was also granted a permanent injunction against him for domestic violence. During the defendant’s probation period, the state filed a violation of probation affidavit alleging that the defendant had committed a new criminal violation when he contacted the petitioner’s 16-year-old daughter via a Facebook friend request. Since this request went to the petitioner’s daughter who lived with the petitioner, the court found that there was probable cause to believe that the defendant violated his probation. The language of the permanent injunction stated: Unless otherwise provided therein, Respondent shall have no contact with Petitioner. Respondent shall not directly or indirectly contact Petitioner in person, by mail, e-mail, fax, telephone, through another person, or in any other manner. Further, Respondent shall not contact or have any third-party contact [with] anyone connected with Petitioner’s employment or school to inquire about Petitioner or to send any messages to Petitioner – is this a violation of no contact???

A

Yes

69
Q

Does mere shouting without overt acts constitute violence required for an injunction?

A

No.

70
Q

A man threatens to fuck up another guy and kill him - but no overt act taken - is this an assault?

A

No. When there is no overt act or ability to carry out threat it is not assault.

71
Q

Can 2 incidents at the same time qualify for repeat violence?

A

No. It must be separate acts.

72
Q

What is dating violence?

A

Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or any person who has reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of dating violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against dating violence on behalf of that minor child, has standing in the circuit court to file a sworn petition for an injunction for protection against dating violence

73
Q

Who has standing to file dating violence injunction?

A

Dating violence is defined as 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.

74
Q

Are there jurisdictional limitations on filing dating violence?

A

No, anyone can file.

75
Q

What is proper venue for dating violence?

A
  1. county where R resides or
  2. where cause of action accrued
    NOT WHERE PETITIONER RESIDES
76
Q

Are dating violence actions required to be audio recorded

A

No.

77
Q

Is a hearing on dating violence mandatory?

A
  • It appears the Court must grant a hearing on the Petition even if there is no basis for the Petition for repeat, dating and sexual violence
78
Q

Who has burden in DV action

A

Burden is on party seeking DV inj to provide competence substantial evidence in support

79
Q

What must occur if an injunction is terminated or listed or no longer in effect

A

within 24 hours - clerk must notify sheriff or local law enforcement who received the original notice

80
Q

What must dating violence injunctions be predicated on?

A

Reasonable prospect of future violent act

81
Q

Petitioner seeks dating violence - evidence petitioner was a victim of physical violence and that dating relationship was within the last 6 months. R emailed petitioner that once he retrieved his items he would disappear from her life and there was no contact after incident that occurred after respondent hit petitioner when retrieving his personal items, petitioner’s claim that she was afraid respondent may try to hurt her again because he hurt her in the aforementioned incident. Is a dating violence injunction appropriate

A

No - it did NOT meet third statutory element, reasonable cause to believe that she was in imminent danger of another act of dating violence.

82
Q

What is the definition of sexual violence?

A

Sexual Violence is any ONE incident of:
1. Sexual battery;
2. A lewd or lascivious act committed upon or in the presence of a person younger than 16 years of age;
3. Luring or enticing a child;
4. Sexual performance by a child; or
5. Any other forcible felony wherein a sexual act is committed or attempted.

Any one of the incidents listed above meet the definition of sexual violence, regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the state attorney.

83
Q

Who has standing to file a sexual violence injunction

A

Any person who is the victim of sexual violence, OR

The parent or legal guardian of a minor child who is the victim of sexual violence has standing in the circuit court to file a sworn petition for an injunction for protection against sexual violence on his or her own behalf or on behalf of the minor child if:

i. The petitioner (person who is the victim, or parent or guardian of the minor child victim) reported the sexual violence to law enforcement and is cooperating in any criminal proceeding against the respondent, regardless of whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the state attorney; or

ii. The respondent who committed the sexual violence against the victim or minor child was sentenced to a term of imprisonment in state prison for the sexual violence and the respondent’s term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed.

84
Q

What must petition for sexual violence allege?

A

(1) Include incident report number from law enforcement or attach notice of inmate release

(2) the specific facts and circumstances alleged as a basis for the relief sought

(3) With respect to a minor child who is living at home, the parent or legal guardian seeking the protective injunction on behalf of the minor child must:

 Have been an eyewitness to, or have direct physical evidence or affidavits from eyewitnesses of, the specific facts and circumstances that form the basis upon which relief is sought, if the party against whom the protective injunction is sought is also a parent, stepparent, or legal guardian of the minor child; or

 Have reasonable cause to believe that the minor child is a victim of sexual violence to form the basis upon which relief is sought, if the party against whom the protective injunction is sought is a person other than a parent, stepparent, or legal guardian of the minor child.

Note: A petitioner for an injunction for protection against sexual violence may furnish an address to the court in a separate confidential filing if, for safety reasons, the petitioner requires the location of his or her current residence to be confidential

85
Q

When does court have jurisdiction for sexual violence injunction?

A

no limitation - anyone can file

86
Q

What is proper venue for sexual violence injunction?

A
  1. Where Respondent resides
  2. Where cause of action accrued
    NOT WHERE PETITIOER RESIDES
87
Q

Where shall Respondent of sexual violence be served?

A

clerk shall give petition to LE in county here R resides and serve it ASAP ANY DAY OF THE WEEK

88
Q

Is a hearing for sexual violence mandatory?

A

YES - even if there is no basis for the peititon

89
Q

What is the definition of stalking?

A

Stalking: A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree. At least two incidences are required.

Stalking is NOT a direct ACT of VIOLENCE as it only requires willfully, maliciously, and repeatedly following, harassing or cyberstalking another person. § 784.048(2). It is included among actionable violent offenses because of its documented propensity to precede violence. So, for purposes of domestic and nondomestic violence statutes, stalking is violence.

90
Q

What is the definition of cyber stalking?

A
  1. To engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person; or
  2. To access, or attempt to access, the online accounts or Internet-connected home electronic systems of another person without that person’s permission, causing substantial emotional distress to that person and serving no legitimate purpose.
91
Q

What is proper venue for stalking

A

a petition for an injunction for protection against stalking may be filed in the circuit where the petitioner currently or temporarily resides, where the respondent resides, or where the stalking occurred. There is no minimum requirement of residency to petition for an injunction for protection.

92
Q

Is a hearing mandatory for stalking if temp denied

A

NO - but order must state no basis for injunction

93
Q

When is it appropriate for court to deny temp stalking injunction

A

NO Appearance of IMMEDIATE and PRESENT DANGER

When the only ground for denial is no appearance of an immediate and present danger of domestic violence, the petition for ex parte (temporary) injunction may be denied but the court shall set a full hearing on the petition for injunction with notice at the earliest possible time

94
Q

Are stalking injunctions required to be recorded

A

Yes

95
Q

Can court award exclusive care possession or control of family pets in a DV matter?

A

Yes, see 741.30(5)(a)4.

96
Q

If DV action brought and respondent is NOT a family or household member, when should that issue be raised and what happens if it is not raised

A

Must be raised BEFORE final judgment entered and if you don’t raise it, you waive it.

97
Q

What must a respondent allege if they want to dissolve a DV injunction

A

Can move to modify or dissolve at any time and no specific allegations are required per 741.30. If they can prove that the inj no longer serves a valid purpose, court may modify or dissolve.

98
Q

How is substantial emotional distress defined for purposes of a stalking injunction?

A

Substantial emotional distress is evaluation by an objective standard, based on the totality of the circumstances, and is not easily suffered. It requires more than just an ordinary feeling of distress.

99
Q
A

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