Domestic Violence Injunction Affirmed In De Jager v. De Jager

Domestic violence plays a central role in many Florida family-law disputes, particularly where courts must decide whether to issue or uphold injunctions that limit contact between spouses or co-parents. Florida’s statutory framework allows a court to grant a domestic violence injunction when a petitioner has been the victim of violence or has reasonable cause to fear imminent harm. These orders can reshape residential access, communication, and even timesharing, often based on a single proven incident. Because of the serious consequences attached to injunctions, appellate review tends to focus heavily on evidence, judicial discretion, and the sufficiency of factual findings in the record.

The recent case of De Jager v. De Jager illustrates how those principles operate when an injunction is challenged on appeal.

Background of the case 

The case arose from a January 6, 2023, incident in which the wife kicked the husband during an argument. Law enforcement responded, the wife was arrested, and during a recorded jail call she later acknowledged the battery. The husband then sought protection through a domestic violence injunction, first obtaining a temporary order and later requesting a final, two-year injunction, along with exclusive possession of the marital home.

At the evidentiary hearing, the trial court found that the battery had occurred and that the wife failed to establish self-defense as a justification. The judge concluded that the husband had proven domestic violence by a preponderance of the evidence and entered a Final Judgment of Injunction for Protection Against Domestic Violence.

The wife appealed, arguing that the court believed it had no discretion to deny the injunction and therefore erred in granting relief automatically based on the incident.

The appeal 

The Third District Court of Appeal decided to uphold the injunction, stressing that while trial courts do have authority to grant or deny these orders, that power isn’t unlimited. It has to be exercised within the framework of the law and grounded in actual evidence. In the De Jager case, the battery wasn’t just alleged; it was backed by both witness testimony and a recorded admission. The appellate court saw that as strong, credible evidence.

Even though the trial judge said she felt she had “no choice” but to issue the injunction, the appeals court didn’t take that as a sign she misunderstood the law. Instead, they interpreted her comment as an acknowledgment of how compelling the evidence was. In the end, the court found the facts were clearly laid out, the law was applied properly, and the injunction was justified.

Talk to an Orlando, FL, Domestic Violence Lawyer Today 

Greater Orlando Family Law represents the interests of victims of domestic violence in court. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.