Ian Donovan Blake v. Bayan Fares

Summary

The Fifth District Court of Appeal of Florida reversed a two-year domestic violence injunction entered against Ian Donovan Blake. The court held that harassment, standing alone, is not domestic violence under section 741.28(2), Florida Statutes, and that the evidence did not show that Bayan Fares was a victim of domestic violence or reasonably believed she was in imminent danger. The case was remanded with instructions to vacate the injunction.

Holdings

1. Harassment, standing alone, is not domestic violence under section 741.28(2), Florida Statutes, and therefore cannot support a domestic violence injunction under section 741.30(6)(a).
2. Even if harassment could support a domestic violence injunction, Blake's emails to third parties were not directed at Fares and therefore did not qualify as harassment against her on the evidence presented.

Questions Presented

1. Whether the evidence was legally sufficient to support a domestic violence injunction based on Blake's alleged harassment.
2. Whether Blake's emails to third parties qualified as harassment against Fares for purposes of supporting a domestic violence injunction.

Disposition

reversed_and_remanded