DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JONATHAN CHISCUL, Appellant, v. MICHELLE GOMEZ HERNANDEZ, Appellee. No. 4D20-287 [February 10, 2021] Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Susan L. Alspector, Judge; L.T. Case No. DVCE 19-008957 (63). Joseph A. Costello of Costello Law, LLC, Fort Lauderdale, for appellant. No appearance for appellee. DAMOORGIAN, J. Jonathan Chiscul (“the husband”) appeals the permanent injunction for protection against domestic violence entered against him on behalf of his estranged wife, Michelle Gomez Hernandez (“the wife”). We reverse because the evidence was insufficient to support entry of the injunction. It is uncontested that the parties had only known each other for a period of six months. During that time, they married and separated. The wife filed a petition for injunction against domestic violence almost two months after their separation. In the petition, she alleged the following: if the wife refused to have sex, the husband would throw her against the wall, shake her and yell at her, and threaten to call police and immigration officials on her; when the wife would leave the house to go to work or to the store, the husband would get upset, call her vulgar names, and follow her; and when the wife left him for good, the husband called and texted her “nonstop” and followed her to a chiropractor’s appointment and threatened her. At the hearing on the petition, the wife generally testified that, during the course of the marriage, she was fearful of the husband because he threatened to call immigration, “would stand in the doorway” to prevent her from leaving, accused her of cheating, and was jealous and controlling. Regarding the allegation of forced sex, the wife testified “he forced me to have sexual relations with him, I did not have sexual relations . . . but he manipulate[d] me by saying that I have three partners, that he was going to send me to immigration.” When asked by the court if the husband threw her against the wall as alleged in the petition, the wife testified that the husband did not throw her but that “he would grab me” and “shake me.” The wife did not testify when this incident occurred. Regarding recent threats or violence by the husband since the filing of the petition, the wife testified that the husband called her on two occasions, but she did not answer the phone and the husband did not leave a message. When asked by the court for proof that the husband called her, the wife admitted the husband did not call her and that “it was a relative of his.” She then stated the husband wrote her “a few days before” on Instagram or Facebook. The wife failed to provide any details as to the contents of the message; the husband however, testified that he wrote the wife to tell her that he was still going forward with the divorce. The wife also testified that on one ...
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