Gregory Shawn Files v. Amanda Deborah Hayes

          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                  _____________________________

                          No. 1D20-3652
                  _____________________________

GREGORY SHAWN FILES,

    Appellant,

    v.

AMANDA DEBORAH HAYES,

    Appellee.
                  _____________________________


On appeal from the Circuit Court for Escambia County.
Lacey Powell Clark, Judge.

                        September 22, 2021

PER CURIAM.

     Gregory Shawn Files seeks to reverse an injunction for
protection against domestic violence entered against him based on
various incidents involving Amanda Deborah Hayes and their son.
Hayes alleged several past acts of violence against her by Files,
but no act of violence was alleged to have occurred in the three
years prior to the filing of the petition, thereby requiring reversal
of the injunction. To obtain an injunction for protection against
domestic violence, the party seeking the injunction must establish
that she has an objectively reasonable fear that she is in
“imminent danger of becoming the victim of any act of domestic
violence.” § 741.30(1)(a), Fla. Stat. (2021); Randolph v. Rich, 58
So. 3d 290, 291 (Fla. 1st DCA 2011). Because there was no evidence
of any threats within the prior three years and the allegations of
violence are remote in time from the filing of the petition, it was
error to enter the injunction.

    REVERSED.

LEWIS, MAKAR, and KELSEY, JJ., concur.

                 _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Ross A. Keene of Ross Keene Law, P.A., and Erica Caitlin Dlubala
of Kenny Leigh & Associates, Pensacola, for Appellant.

No appearance for Appellee.




                                2