Background
Randy Viamontes Galguera appealed a Miami-Dade Circuit Court final judgment granting Andrea P. Duenas Avila an injunction for protection against domestic violence with children.
Galguera argued that the evidence did not establish an act of domestic violence, despite his admission that he put his hands around Avila’s neck. The circuit court heard testimony from both parties at an evidentiary hearing and made specific factual findings supporting the injunction.
The Court’s Holding
The Third District Court of Appeal affirmed. Galguera did not provide a transcript of the evidentiary hearing, leaving the appellate court unable to assess whether the circuit court abused its discretion in issuing the injunction.
Without the hearing record, the court could not determine whether competent, substantial evidence supported the injunction or whether the trial court misconceived the law. It therefore was constrained to affirm.
Key Takeaways
- An appellant challenging a domestic-violence injunction must provide a record adequate for appellate review.
- Absent a hearing transcript, an appellate court generally cannot review factual sufficiency or an asserted abuse of discretion.
- Trial courts have broad discretion in granting or denying protective injunctions.
Why It Matters
The decision underscores the practical importance of preserving and filing the evidentiary-hearing transcript in injunction appeals. Even a potentially substantive challenge to the evidence will not be reviewed when the appellate record lacks the proceedings on which the trial court based its findings.