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100 So. 3d 272

Hernandez v. Silverman

District Court of Appeal of Florida

Decided November 14, 2012

District Court of Appeal of Florida · decided 2012-11-14

Decided 2012-11-14

PER CURIAM.

¶1Appellant filed a petition for injunction against domestic violence against appellee, her ex-fiancé. At the scheduled evidentia-ry hearing, the trial court sua sponte decided that the allegations in the petition were insufficient and, without conducting a full evidentiary hearing, denied the petition. We reverse and remand for a full evidentiary hearing. The allegations were pled with sufficient specificity and, depending on the evidence adduced during the evidentiary hearing, could have constituted grounds for an injunction for protection against domestic violence. See §§ 741.28(2), 784.048(2), (l)(a), (l)(d), Fla. Stat. (2011) (defining domestic violence as including stalking, which in turn is defined as including harassment and cyberstalk-ing).

¶2Reversed and remanded.

STEVENSON, GERBER and LEVINE, JJ., concur.
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