04-1895 ORTOLA V. ALFONSO

State: Florida

Court: Florida Third District Court

Docket No: 04-1895 ORTOLA V. ALFONSO

Case Date: 12/14/2005

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IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2005

JOSE ORTOLA, Appellant, vs. MIRTHA ALFONSO, Appellee.

** ** ** ** ** CASE NO. 3D04-1895 LOWER TRIBUNAL NO. 04-13203

Opinion filed December 14, 2005. An Appeal from the Circuit Court for Miami-Dade County, Cristina Pereyra-Shuminer, Judge. Markowitz, Davis, Ringel & Trusty and Michaelle Paulson, for appellant. Mirtha Alfonso, in proper person.

Before LEVY, C.J., and GERSTEN and FLETCHER, JJ.

PER CURIAM.

In

the

instant

case,

a

repeat

violence

injunction

was

placed against Jose Ortola ("Ortola") after allegations from his neighbor that the he fondled and groped whether her. the The question (sexual

confronting

Court

concerns

groping

assault), plus an incident of stalking (where Ortola returned to the victim's home after being told not to return, and remained after being asked to leave), satisfied section 784.046(1)(b), Florida Statutes. We find that the Record supports the trial

court's finding that two incidents of violence occurred. Biggs v. Elliot, 707 So. 2d 1202 (Fla. 4th DCA 1998)("Whether the

conduct meets the statutory requirement is a question of fact for the trier of fact."). Florida Statutes, Section 784.046 (1)(b) provides: "`Repeat violence' means 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 784.046 defined or the petitioner's Stat. immediate family member."

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