Leal v. Rodriguez
220 So. 3d 543
| Fla. Dist. Ct. App. | 2017Background
- Diaz petitioned for a domestic violence injunction after an incident on June 3, 2016; the trial court entered a final injunction following an evidentiary hearing.
- Diaz and Leal had been married ~5 years, separated in Aug 2015, and share a child.
- Prior conduct: Leal previously controlled Diaz’s work, friends, family contact, money, and at times became violent; Diaz testified Leal last hit her in 2015 and tried to take her immigration paperwork and threatened to take her car, license, and money.
- Post-separation, Leal sent offensive texts and made threats while exchanging the child.
- June 3, 2016 incident: in a parking lot Leal approached Diaz, used profanity, ordered their son to take a backpack, ran up to Diaz, and said he would “destroy” her life and make her parents cry, also asserting Diaz was ‘‘safe’’ only because she was the mother of his son.
- The trial court credited Diaz’s testimony, found she had reasonable cause to fear imminent domestic violence, and entered the injunction; Leal appealed challenging sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether competent substantial evidence supports a final domestic-violence injunction based on reasonable cause to believe petitioner faced imminent danger | Diaz: history of control and prior violence plus the June 3 threats and aggressive approach made her fear of imminent violence objectively reasonable | Leal: conduct was uncivil/harassing but did not amount to violence or a threat sufficient for an injunction | Court affirmed: evidence (prior violence, controlling behavior, threatening confrontation) supported reasonable-cause finding and injunction |
Key Cases Cited
- Young v. Smith, 901 So. 2d 372 (Fla. 2d DCA 2005) (domestic-violence injunction requires some showing of violence or threat of violence)
- Randolph v. Rich, 58 So. 3d 290 (Fla. 1st DCA 2011) (petitioner must show objective reasonableness of fear that violence is imminent)
- Gill v. Gill, 50 So. 3d 772 (Fla. 2d DCA 2010) (court must evaluate current allegations and the parties’ history as a whole)
- Giallanza v. Giallanza, 787 So. 2d 162 (Fla. 2d DCA 2001) (prior violent acts and recent abusive conduct can support an injunction)