In past blogs I’ve discussed the strict requirements for obtaining an Injunction for Protection against Domestic Violence. A decision from the First District Court of Appeal today in Hart v. Griffis indicates injunctions will be tougher to obtain as we go forward into this new year.
Griffis involved a former wife and former husband who were married with five minor children. The former husband happened to be a state circuit court judge at the time. The couple divorced in May 2013, but shared parental responsibility.
In the summer of 2018, the parties agreed for their children to attend school in Gilchrist County. Shortly thereafter, however, the former wife objected to the arrangement. A family court judge then ordered the children to remain enrolled in Gilchrist County.
The judge / former husband later filed a Petition for Injunction for Protection Against Domestic Violence, claiming the former wife committed or threatened to commit domestic violence. After an evidentiary hearing, the trial court found the former husband was a victim of domestic violence or had reasonable cause to believe he was in imminent danger of becoming a victim by the former wife. The trial court also found the former wife’s past conduct was intentional and willful with the intent to cause the judge/ former husband to be removed from office or to be subject to disciplinary proceedings that could impair his ability to remain on the bench. The trial court therefore granted the petition for injunction. The former wife appealed. Continue reading