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Injunction against repeat violence reversed

Posted by John P. Rutkowski | Feb 18, 2020 | 0 Comments

Injunction -- Repeat violence -- Petitioner who, individually and on behalf of his minor child, sought injunction against former wife's boyfriend. Injunction reversed where evidence did not support finding that respondent committed acts of repeat violence as defined in section 784.046. Respondent's actions of spanking minor child were reasonable and did not constitute violence under statute. Incident during custody exchange in which petitioner and respondent engaged in a verbal altercation did not meet statutory definition of violence where there was no allegation of physical violence and petitioner failed to show that respondent's action of clenching his fists amounted to assault. Although petitioner testified that he was afraid of respondent, there was no evidence that respondent committed an overt act that justified a well-founded fear in petitioner that violence was imminent.

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John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.

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