Restraining Order Cases

Below we have compiled a list of case law related to restraining orders and divorce in Broward County. These cases will help anyone dealing with issues related to the entry of a restaining order.  To made things easier for you we broke the cases down by category and popular topic.

Broward Restraining Order Case Law:

Category: Assault and Battery - No Marriage Defense and No Consent to Battery

State v. Smith

401 So. 2d 1126 - Fla: Dist. Court of Appeals, 5th Dist., 1981 - ... Mrs. Smith filed for divorce and on December 6, 1979, she obtained a temporary restraining order enjoining the ... been applicable to revocable marriages, which exist today as a result of changes in divorce laws. ... 4th DCA 1979) (Dauksch, J., concurring), aff'd, 390 So.2d 1186
Category: Sexual Battery - Spouse Can Be Prosectued

State v. Rider

449 So. 2d 903 - Fla: Dist. Court of Appeals, 3rd Dist., 1984 ... wife had withdrawn any "implied consent" to sexual battery by filing a dissolution of marriage
action and procuring a restraining order, the district ... 4th DCA 1979 ... may simply not have been applicable to revocable marriages, which exist today as a result of changes in divorce laws.
Category - Victims - Decision to prosecute does not lie with the victim of a crime

State v. Wheeler

745 So. 2d 1094 - Fla: Dist. Court of Appeals, 4th Dist., 1999 ... The victim explained that she and the defendant were close to finalizing their divorce and testified that she wanted the case against ... victim admitted that the incidents she reported had, in fact, occurred, and that the defendant had violated the restraining order on a ... 4th DCA 1982 

Categoy: Rights were violated when Judge took over case and dismissed the temporary injunction

White v. Cannon

778 So. 2d 467 - Fla: Dist. Court of Appeals, 3rd Dist., 2001... Leigh Ann White and Larry L. Cannon were divorced in 1995 ... former wife's Motion for Rehearing the court concluded, "Whether or not a restraining order should or ... 4th DCA 1991)(Statute permitting trial court to grant temporary injunction restraining domestic violence is exclusive ...

Category: Restraining Orders and Orders of Out of State Courts

In re DN

858 So. 2d 1087 - Fla: Dist. Court of Appeals, 2nd Dist., 2003... Between the entry of the temporary restraining order on January 29, 2001, and the entry of the ... 4th DCA 1999) (holding that the New York court had no jurisdiction under the UCCJA to ... 5th DCA 1989), a 1985 Arkansas divorce decree gave Denton, the mother, custody of the ...


Source: Google Scholar

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