Guerra v. Mincieli
A Lee County resident filed a domestic violence injunction petition in Collier County; the trial court dismissed for improper venue relying on chapter 47 and the pendency of a related Lee County family case. The Sixth DCA treated the certiorari petition as an interlocutory appeal and reversed, holding that section 741.30(1)(j)'s special venue provision controls over the general venue statute and permits filing anywhere in the circuit where either party resides or the violence occurred — here, both counties lie in the Twentieth Judicial Circuit.
Key facts
- A Lee County resident filed a petition for an injunction for protection against domestic violence in Collier County; the trial court dismissed for improper venue, citing the general venue statute and a pending related family law case in Lee County.
- Both Lee and Collier counties are located within the Twentieth Judicial Circuit.
- +2 more key facts with a free trial
Why it matters
Practitioners handling domestic violence injunctions now have clear Sixth DCA authority that venue under section 741.30(1)(j) is measured by judicial circuit, not county, and that chapter 47 does not narrow that choice… — full analysis with a trial
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