Appellant Charles Russell appeals from two final judgments for protection against repeat violence entered against him. We reverse because the judgments are not supported by competent, substantial evidence.
Appellant lives next door to Doughty and Clough, who live together. Doughty and Clough filed separate petitions for in-junctive relief against Appellant. The petitions alleged the same set of facts: On January 26, 2009, Appellant forcefully grabbed Doughty and Clough after an altercation between their dogs; and on February 2, 2009, Appellant repeatedly rang their doorbell and yelled obscenities and threats at them when they opened the door.
Section 784.046, Florida Statutes (2008), creates a cause of action for an injunction in cases of repeat violence. “Repeat violence” is defined as two incidents of violence, one of which must' have occurred within six months of filing a petition for injunction. § 784.046(l)(b), Fla. Stat. “Violence” includes “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.” § 784.046(l)(a), Fla. Stat. Competent, substantial evidence must support the trial court’s finding that two incidents of repeat violence occurred.
See Shocki v. Aresty,
The trial court must find that two incidents of violence occurred.
See Terrell v. Thompson,
Neighbors should explore and exhaust a variety of alternatives to litigation before bringing a claim under section 748.046 for repeat violence.
See Shocki,
