122 So. 3d 512
Fla. Dist. Ct. App.2013Background
- Appellee Coralis Santana petitioned for a domestic-violence injunction against her husband, Eddison Arnold, alleging repeated harassment, stalking, a January 23, 2013 text saying he was tracking/following her, and a September 2012 incident where he kicked down a bathroom door during an argument.
- The parties had separated in November 2012 and had attended counseling after the September incident; Appellee testified the counseling made her recall that event when filing the petition.
- Appellee also reported a single physical assault that occurred several years earlier while they were dating, and asserted ongoing verbal abuse and fear based on Appellant’s anger.
- At the hearing the trial court entered a Final Judgment of Injunction (effective until June 7, 2013).
- Arnold appealed, arguing the evidence did not show Appellee reasonably feared imminent domestic violence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether competent, substantial evidence supported a finding that Appellee reasonably feared imminent domestic violence | Santana argued texts, the Sept. 2012 door‑kicking, past physical abuse, and ongoing harassment made her fear imminent danger | Arnold argued the texts and incidents did not threaten violence and past physical abuse was remote; thus no objectively reasonable fear of imminent harm | Reversed: court held evidence did not show an objectively reasonable fear of imminent violence and injunction must be vacated |
Key Cases Cited
- Oettmeier v. Oettmeier, 960 So.2d 902 (Fla. 2d DCA 2007) (insufficient evidence of objectively reasonable fear where past incidents and nonthreatening conduct were alleged)
- Randolph v. Rich, 58 So.3d 290 (Fla. 1st DCA 2011) (petition must show objectively reasonable fear of imminent domestic violence)
- Young v. Young, 96 So.3d 478 (Fla. 1st DCA 2012) (domestic‑violence injunction requires some threat of imminent violence; mere uncivil behavior insufficient)
- Young v. Smith, 901 So.2d 372 (Fla. 2d DCA 2005) (statutory definition requires violence or threat of violence; general harassment does not suffice)
- Gill v. Gill, 50 So.3d 772 (Fla. 2d DCA 2010) (an isolated, remote incident of domestic violence is insufficient to support injunction)