James Banks v. Kim D. McFarland

James Banks appeals the issuance of a temporary injunction for repeat violence against him based upon the complaint of Kim McFarland. We reverse.

Appellant and his spouse lived across the street from and had an acrimonious relationship with appellee and her spouse. The trial court entered the injunction against repeat violence pursuant to section 748.046, Florida Statutes (2013), based upon testimony from appellee and another neighbor that appellant yelled at appellee, “I will shoot and kill all of you” and “I’ll F you up,” in addition to making other ugly remarks and taunts and engaging in…