Buchheit v. Siciliano
The Sixth DCA affirmed a final domestic violence injunction, holding that although the December 2024 incident precipitating the petition was refuted by video and could not alone support the injunction, unobjected-to testimony about 2016, 2020, and 2022 batteries constituted competent, substantial evidence that the petitioner was a past 'victim of domestic violence' under section 741.30(6)(a) and supported a reasonable fear of imminent violence. The court held that admitting an incident not pleaded in the petition violated due process (over a timely objection), but the respondent's remoteness-in-time argument, raised for the first time on rehearing, was unpreserved. The court recertified conflict with the Fifth District on whether an argument first raised in a motion for rehearing is preserved.
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Key facts
- Petitioner filed a domestic violence injunction petition against respondent based on a December 2024 incident, which was refuted by video evidence at trial.
- The trial court heard unobjected-to testimony about alleged batteries in 2016, 2020, and 2022, in addition to the December 2024 incident.
- +2 more key facts with a free trial
Why it matters
This opinion gives family law practitioners a roadmap for defending or attacking DV injunctions grounded in older incidents: the Sixth DCA expressly questions the Second/First/Third DCA 'remoteness' line (Gill, Curl… — full analysis with a trial
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