Phillips v. Hughes , 2014 Fla. App. LEXIS 18187 ( 2014 )

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
MATTHEW LANE PHILLIPS, )
)
Appellant, )
)
v. ) Case No. 2D13-1238
)
ROSALEA DAWN HUGHES, )
)
Appellee. )
________________________________ )
Opinion filed November 7, 2014.
Appeal from the Circuit Court for
Pinellas County; Amy M. Williams,
Judge.
Annette Marie Lang and Robert E.
Biasotti of Biasotti and Associates,
St. Petersburg, for Appellant.
Rosalea Dawn Hughes, pro se.
KELLY, Judge.
Matthew Lane Phillips appeals an injunction for protection against
domestic violence entered against him based upon the petition of Rosalea Dawn
Hughes, the mother of his child. Because the trial court's finding that Ms. Hughes had
reasonable cause to believe she was in imminent danger of becoming the victim of
domestic violence was not supported by competent, substantial evidence, we reverse.
In order for the trial court to issue an injunction for protection against
domestic violence, the party seeking the injunction must establish that he or she has an
objectively reasonable fear that he or she is in "imminent danger of becoming the victim
of any act of domestic violence." § 741.30(1)(a), Fla. Stat. (2012); see Oettmeier v.
Oettmeier, 960 So. 2d 902, 904 (Fla. 2d DCA 2007); Moore v. Hall, 786 So. 2d 1264,
1266 (Fla. 2d DCA 2001). In determining whether the victim's fear is reasonable, "the
trial court must consider the current allegations, the parties' behavior within the
relationship, and the history of the relationship as a whole." Giallanza v. Giallanza, 787
So. 2d 162, 164 (Fla. 2d DCA 2001) (citing Gustafson v. Mauck, 743 So. 2d 614, 616
(Fla. 1st DCA 1999)).
Here, the parties have a contentious past relationship with a history of
litigation over custody and visitation issues. There has been no actual violence
between the parties and nothing in the record to show that domestic violence was
imminent. Because we conclude Ms. Hughes failed to present sufficient evidence to
establish the objective reasonableness of her fear that the danger of violence at the
hands of Mr. Phillips was "imminent," we reverse and remand with directions that the
trial court vacate the injunction. See Oettmeier, 960 So. 2d at 905; Moore, 786 So. 2d
at 1267.
Reversed and remanded.
VILLANTI and LaROSE, JJ., Concur.
-2-