Waler v. Lovett

Catherine Louise Waler petitions for certiorari review of the trial court’s order dismissing her petition for an injunction against “dating violence” pursuant to section 784.046(2)(b), Florida Statutes (2004). The trial court denied Waler’s petition as being insufficient after an ex parte hearing. We treat the petition for certiorari as an appeal of a non-final order that denies an injunction pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(B), and reverse.

Section 784.046, Florida Statutes, provides in relevant parts:(l)(a) “Violence” means any assault, aggravated assault, battery,…