59 So. 3d 265
Fla. Dist. Ct. App.2011Background
- Titsch appeals a final injunction against repeat violence in favor of Buzin.
- Statute 784.046(2) allows a victim to seek such an injunction.
- Repeat violence requires two incidents of violence or stalking, one within six months of filing.
- Petition alleged two incidents: first in Buzin’s driveway with threats and attempted vehicle obstruction; second a drive-by with gun-gesture and threats.
- Second incident lacked an overt act indicating imminent violence; evidence did not show two qualifying acts.
- Court reversed the injunction for lack of two proven incidents and absence of an overt act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether two incidents of violence were proven | Buzin contends two incidents occurred. | Titsch argues second incident fails statutory violence scope. | Two proven incidents not shown; reversal. |
| Whether the second incident constitutes violence under statute | Says second incident qualifies as violence per statute. | Second incident lacks overt act creating imminent fear. | Second incident not sufficient; no overt act; injunction improper. |
Key Cases Cited
- Santiago v. Towle, 917 So.2d 909 (Fla. 5th DCA 2005) (hand gestures without imminent danger insufficient)
- Gagnard v. Sticht, 886 So.2d 321 (Fla. 4th DCA 2004) (overtness of act required to show imminent violence)
- Sorin v. Cole, 929 So.2d 1092 (Fla. 4th DCA 2006) (gun ownership or threat alone insufficient without overt act)
- Johnson v. Brooks, 567 So.2d 34 (Fla. 1st DCA 1990) (intention to commit an assault requires overt act)
- Morrell v. Chadick, 965 So.2d 1277 (Fla. 2d DCA 2007) (objective basis required for belief of sexual violence)
- Oettmeier v. Oettmeier, 960 So.2d 902 (Fla. 2d DCA 2007) (objective basis necessary for protective relief)