Bristow v. Bristow, ___ So. 3d ___, 40 Fla. L. Weekly D645 (Fla. 5th DCA March 13, 2015)
The appellate court affirmed an order dismissing a petition for injunction for protection against domestic violence. The petitioner alleged that the respondent, his brother, made statements threatening the petitioner with physical harm, but the circumstances under which the statements were made were extremely vague, and it was unclear “whether [the respondent] even made the statements to [the petitioner].” In addition, the petition did not “allege sufficient facts to show that [the petitioner had] reasonable cause to believe he [was] in imminent danger of being a victim of domestic violence, particularly given the allegations that [the petitioner was] currently incarcerated in Sumter County, Florida, and that the [respondent was] a resident of Ohio.” The trial court did not err by failing to conduct an evidentiary hearing because the allegations of the petition did not entitle the petitioner to relief.
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