Florida Man Successfully Appeals Domestic Violence Injunction

In the case of McGuire v. Boscan, the appellee, Ms. Boscan, had a domestic violence order of protection entered against the defendant for two incidents that occurred in 2017. Mr. McGuire appealed a final judgment of injunction for protection against domestic violence without minor children entered against him on behalf of Ms. Boscan, his former live-in girlfriend. The trial court had initially denied his motion for rehearing. Mr. McGuire appealed that ruling and the final judgment of injunction. In this case, the appeals court granted his motion to vacate the injunction.

Background of the case 

On March 13, 2020, Ms. Boscan filed a petition for a temporary injunction for protection against domestic violence without minor children against her former live-in boyfriend, Mr. McGuire. In the petition, Ms. Boscan alleged incidents of domestic violence that allegedly occurred in 2017 and 2020. The trial court entered a temporary injunction and set the case for a final hearing.

Upon conducting a final hearing, Ms. Boscan testified that the two began to date in 2016 and lived together from January 2017 until an alleged incident of domestic violence occurred in May 2017. Both parties presented conflicting accounts of what occurred. Ms. Boscan introduced into evidence of two communications from Mr. McGuire, an email sent in April 2018 and a WhatsApp message from Mr. McGuire to Ms. Boscan’s sister. Both messages were friendly and did not contain any threats at all. Mr. McGuire testified that the message sent to Ms. Boscan’s sister was sent by accident and was intended for someone else. Neither party responded to the communications and Mr. McGuire did not send further communications.

As to the 2020 incidents, all three involved chance meetings in public. In one case, Mr. McGuire was jogging when he ran into Ms. Boscan who was in her car. In the other incident, Ms. Boscan ran into Mr. McGuire while she was at Whole Foods. In both cases, Ms. Boscan testified that she thought the meetings were probably a coincidence. In a third case, Mr. McGuire arrived at a restaurant with several friends but did not attempt to speak to Ms. Boscan.

After the hearing was complete, the trial court entered a permanent injunction for protection against domestic violence against Mr. McGuire. The trial court found Ms. Boscan a victim of domestic violence and/or has reasonable cause to believe she is in imminent danger of becoming a victim.

Mr. McGuire ultimately filed a motion for rehearing while Ms. Boscan filed an objection. The trial court denied Mr. McGuire’s motion and affirmed the permanent injunction. Mr. McGuire’s appeal followed.

Mr. McGuire argued that the trial court abused its discretion because the permanent injunction was not supported by competent, substantial evidence. The appeals court ultimately agreed with Mr. McGuire.

Talk to an Orlando, FL Domestic Violence Attorney Today 

Greater Orlando Family Law can help you file a motion against a domestic abuser to get an injunction limiting contact. We can also help you fight a petition entered against you. Call our Orlando family lawyers today to schedule an appointment, and learn more about how we can help.

Source:

caselaw.findlaw.com/court/fl-district-court-of-appeal/2153890.html