Delopa v. Cohen

Anthony Delopa appeals a final judgment of injunction for protection against repeat violence entered under section 784.046, Florida Statutes (2002). We reverse because neither the testimony at the extension hearing nor the sworn petition for injunction for protection demonstrated two incidents of violence that are necessary to constitute “repeat violence” under the statute.

Based on appellee David Cohen’s sworn petition, the circuit court entered a temporary injunction for protection against repeat violence. The temporary injunction set an extension hearing on August 7, 2003. Both Cohen and…