threats
Appealing a Florida Domestic Violence injunction you feel a judge unfairly denied or granted is serious business. We answer commonly asked questions here.
Can a judge in Florida grant a Domestic Violence injunction just because someone made a threat?
Sometimes, if there is evidence of an overt act to carry out that threat or place the victim in fear of the threat being acted upon. The key issue is whether there was an overt act taken to (1) carry out the threat or (2) make the perceived victim believe the threat would be carried out.
As an example, there are several appellate opinions stating that the mere act of saying “I’ll kill you if you do that again” is not enough to support the issuance of an Injunction.
Did this answer your question?