What Has to Be Proved Before a Domestic Violence Injunction Can Be Issued Against You?

           In the case of Kopelovich versus Kopelovich, a domestic violence injunction was issued against Mr. Kopelovich based on the following facts:

 

         Mrs. Kopelovich filed a form petition that asked her to describe the latest act or threat of violence that caused her to honestly fear imminent domestic violence by Mr. Kopelovich.   She responded that he had:  

 

          1.  Threatened to harm her dog;  

 

          2.  Threatened to harm her in court and destroy her financially;  and

 

          3.  Emotionally abused her by brainwashing her, lying to her, and embarrassing her in front of her family. 

 

          Based upon these accusations, a judge issued a temporary injunction against Mr. Kopelovich.  However, Mr. Kopelovich appealed that decision to Florida's Second District Court of Appeal which ruled that this injunction should not have been entered because Mrs. Kopelovich's petition failed to establish:

 

          1.  Immediate or present danger; 

 

          2.  The threat of domestic violence; or

 

          3.  Actual domestic violence.

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