Mitchell vs. Mitchell

In Mitchell vs. Mitchell, a domestic violence injunction was reversed because it was not supported by competent substantial evidence. Phone calls and text messages have been found by Florida courts to constitute general harassment and therefore insufficient to ground an injunction. Similarly, verbal violence, mental instability, a bad temper, depressive and suicidal statements, angry messages, vague actions, and general conditional future threats without overt action implying imminence have been found to be insufficient. Uncivil behavior and actions that paint a typical, albeit unfortunate, picture of a domestic relationship gone awry cannot ground this sort of injunction. The question is not whether Appellee was subjectively scared, but whether her fear was objectively reasonable. The appropriate inquiry looks towards the immediate future rather than some distant possibility of trepidation.

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