Weisberg v. Albert
123 So. 3d 663
Fla. Dist. Ct. App.2013Background
- Todd H. Albert (petitioner) sought a permanent domestic violence injunction against Alan J. Weisberg (respondent), his former son‑in‑law.
- The injunction request arose from a single confrontation at their child’s school awards ceremony after Albert argued loudly with his former wife.
- Weisberg threatened, “If you ever try that again, you will be dead,” but did not touch Albert or perform any overt act beyond the verbal threat.
- Both men testified they had enjoyed a good relationship prior to this isolated incident.
- The trial court entered the injunction; Weisberg appealed. The appellate court reviews injunctions for abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner proved he was a victim of domestic violence | Albert argued the threat constituted domestic violence warranting an injunction | Weisberg argued the lone verbal threat, without overt acts, did not constitute domestic violence | Court held Albert did not prove he was a victim of domestic violence |
| Whether petitioner had reasonable cause to believe he was in imminent danger | Albert contended the death threat created a reasonable fear of imminent harm | Weisberg contended there was no overt act showing ability or intent to carry out the threat | Court held Albert failed to show reasonable cause to believe violence was imminent |
| Whether an isolated verbal threat is sufficient for an injunction | Albert relied on the threat as sufficient to justify protection | Weisberg relied on precedent requiring an overt act or conduct indicating ability to carry out threat | Court held isolated shouting/threats without overt acts are insufficient for an injunction |
| Whether trial court abused its discretion in issuing injunction | Albert claimed facts supported injunctive relief | Weisberg argued abuse of discretion given insufficient evidence | Court held the trial court abused its discretion and reversed the injunction |
Key Cases Cited
- Malchan v. Howard, 29 So.3d 458 (Fla. 4th DCA 2010) (standard of review and scope of inquiry for domestic violence injunctions)
- Reiss v. Reiss, 17 So.3d 849 (Fla. 3d DCA 2009) (standard of review for injunctions)
- Ambrefe v. Ambrefe, 993 So.2d 98 (Fla. 2d DCA 2008) (statutory basis for injunction when petitioner is victim or fears imminent harm)
- Sorin v. Cole, 929 So.2d 1092 (Fla. 4th DCA 2006) (verbal threats and gestures without overt acts insufficient for injunction)
- Gagnard v. Sticht, 886 So.2d 321 (Fla. 4th DCA 2004) (single threat without overt act insufficient to support injunction)
- Giallanza v. Giallanza, 787 So.2d 162 (Fla. 2d DCA 2001) (consideration of history and behavior in relationship when assessing reasonableness of fear)