2D11-3816 / Alter v. Paquette

State: Florida

Court: Florida Southern District Court

Docket No: 2D11-3816

Case Date: 09/28/2012

Plaintiff: 2D11-3816 / Alter

Defendant: Paquette

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

IVANA ALTER, Appellant, v. ROBERT G. PAQUETTE, Appellee.

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Case No. 2D11-3816

Opinion filed September 28, 2012. Appeal from the Circuit Court for Lee County; Frank Porter, Judge. Beverly L. Brennan, Naples, for Appellant. Phillip A. Roach, Bonita Springs, for Appellee. WHATLEY, Judge. Ivana Alter appeals a final judgment of injunction for protection against repeat violence. We agree with Alter that the evidence did not support a finding that she committed acts of repeat violence as defined in section 784.046(2), Florida Statutes (2011), and we therefore reverse. Section 784.046(2) allows a victim of repeat violence to petition the court for an injunction for protection. Repeat violence is defined as "two incidents of violence

or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member."

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