07-3139 DANIELLA P. CHACOA v. BENJAMIN M. MAHON

State: Florida

Court: Florida First District Court

Docket No: 07-3139

Case Date: 12/26/2007

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DANIELLA P. CHACOA, Appellant, v. BENJAMIN M. MAHON, Appellee. _____________________________/ Opinion filed December 26, 2007. An appeal from the circuit court for Alachua County. Stanley H. Griffis, III, Judge. Nancy Faggianelli, and Erin Kinney of Carlton Fields, P.A., Miami, for Appellant. Benjamin M. Mahon, pro se, Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D07-3139

PER CURIAM. Appellant, who sought an injunction for protection against domestic violence in the trial court, now seeks review of that portion of the trial court's order granting her petition which required her to attend a batterer's intervention program. Because the plain language of section 741.30, Florida Statutes (2007), does not authorize a trial court to order a petitioner for an injunction for protection against domestic violence

to attend a batterer's intervention program, we vacate that portion of the trial court's order that did so, and remand with directions that the trial court strike from its order that portion which required appellant to attend a batterer's intervention program. VACATED IN PART and REMANDED, with directions. KAHN, WEBSTER, and ROBERTS, JJ., CONCUR.

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