What is Required to Obtain an Injunction/Restraining Order Against Someone?

reasonable fear.jpgI have written about Injunctions on numerous occasions throughout this blog. I’ve described the types of injunctions in Florida, the definition of domestic violence, and firearm rights and the relation to injunctions in Florida, among many other things. However, I recently realized I have not blogged about the legal standard required to obtain an Injunction against an individual.

The case of Oettmeier v. Oettmeier, 960 So. 2d 902, (Fla. ยง2d DCA 2007), speaks directly on this topic. In this case the wife sought a domestic violence injunction against her husband. Said injunction was granted by the Circuit Court. The husband appealed and the Second District Court of Appeals held that competent, substantial evidence did not support the finding that the wife had an “objectively reasonable fear of imminent domestic violence”. The case holds that if fear alone is the “reasonable cause” alleged to support the injunction, then not only must the danger feared be imminent but the rational for the fear must be objectively reasonable as well; absent this objective reasonableness, the Petitioner’s belief is unsubstantiated speculation that does not support the entry of an injunction.

If you’re seeking to obtain an injunction contact a Jacksonville Domestic Violence Lawyer today to schedule a free consultation. Night and weekend appointments available.

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