Wednesday, April 17, 2013

Fourth DCA Permits Domestic Violence Filing by Temporary Resident

The Fourth District Court of Appeal ruled today in Rudel v. Rudel, a case involving two German residents.  While the Wife and daughter of the parties had temporarily moved to Florida for the minor child to attend school, the Wife filed a petition for divorce and another for an injunction against domestic violence.  The Fourth District upheld the lower court’s dismissal of the petition for dissolution, in that the Wife lacked any intent to remain or actual residence in the state.  However,  in reviewing the petition for an injunction, the Fourth District determined that the Wife had in fact stated sufficient facts to justify entry of an injunction, and no contrary evidence was presented by the Husband.  The Fourth District, as such, reversed the lower court’s credibility determination and remanded for a new hearing on the petition for injunction.

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