The trial court erred in the case of Touchet v. Jones, 38 FLW D1770a (Fla. 5th DCA) Opinion filed August 16, 2013, in requiring the petitioner, seeking an injuction for protection against domestic violenceg, to obtain psychological evaluations for herself and her son. The DCA, in reversing and remanding the Order entered, stated that although the statute provides the trial court with authority to refer a petitioner to a certified domestic violence center, it does provide authority to order a petitioner to undergo an evaluation.
Full text follows:
N THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT JULY TERM 2013
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
SARAH TOUCHET, etc.,
Appellant,
v. Case No. 5D12-4088
SANDRA JONES,
Appellee.
________________________________/
Opinion filed August 16, 2013
Appeal from the Circuit Court
for Putnam County,
Scott C. Dupont, Judge.
Tania R. Schmidt-Alpers of Tania R.
Schmidt-Alpers, P.A., St. Augustine,
for Appellant.
No Appearance for Appellee.
COHEN, J.
Sarah Touchet appeals from the portion of the trial court's final judgment of
injunction for protection against domestic violence that required her and her young son
to obtain psychological evaluations. We reverse in part.
Touchet and Sandra Jones, the respondent, were a same-sex couple who lived
together as family. In August 2012, Touchet filed a petition for injunction for protection
against domestic violence against Jones, alleging that Jones had physically attacked
her. Jones filed a reciprocal petition for injunction against Touchet. The trial court held
a hearing on both petitions, during which Touchet testified that Jones attacked her in a
fit of jealousy. Jones beat Touchet with both fists, strangled her, slammed her head into
the ground, and threw her against a cabinet. At some point during the attack, Touchet
lost consciousness. Jones also locked Touchet's phone and took her keys to prevent
her from leaving.
Deputy April Mayle, who arrived on the scene, described Touchet's
injuries as "pretty severe." Touchet sustained multiple injuries during the attack—a
fractured skull, several slipped discs, black eyes, and possibly a dislocated jaw.
The attack was one of many by Jones against Touchet, and the severity of the
attacks seemed to escalate over time. On one occasion, Jones attacked Touchet as
Touchet was packing her belongings in an attempt to leave their home. Jones often
threatened to shoot and kill Touchet or report her to the Department of Children and
Families to have her children taken away.
In granting Touchet's petition for injunction, the trial court found that there was an
overwhelming amount of evidence in her favor. The trial court ordered Jones to
complete a certified batterers’ intervention program and undergo evaluations for both
substance abuse and mental health. The court also ordered Touchet to obtain
psychological evaluations for herself and her son, explaining, "I'm going to order you to
obtain a psychological evaluation that focuses on your domestic violence issues–
basically, why you keep going back. I want to get that fixed. And I'm also going to order
you to follow any recommended treatment." Touchet filed a motion for stay pending
appeal, which the trial court denied. The trial court later issued an order of contempt
threatening to incarcerate Touchet if she did not comply with the order within thirty days.
On appeal, Touchet argues that the trial court erred in requiring her to obtain
psychological evaluations in its order granting her petition for injunction. We agree.
Section 741.30(6)(a), Florida Statutes (2012), sets forth the relief that a trial court
may grant upon finding that a petitioner is a victim of domestic violence. In reviewing
section 741.30(6)(a), we find no authority for the trial court to require a victim of
domestic violence to obtain a psychological evaluation and counseling. Pertinent to this
case, the statute provides that the court may “[o]rder[ ] the respondent to participate in
treatment, intervention, or counseling services to be paid for by the respondent,”
including participation in a batterers’ intervention program. § 741.30(6)(a)5., Fla. Stat.
(2012) (emphasis added). The statute further provides that the trial court may “[r]efer[ ] a
petitioner to a certified domestic violence center.” § 741.30(6)(a)6., Fla. Stat. (2012)
(emphasis added). In our view, the Legislature’s use of that contrasting language was
not unintentional. Thus, while the trial court had the authority to refer Touchet to a
psychologist, it could not order her to undergo an evaluation.
We acknowledge that section 741.30(6)(a)7., Florida Statutes (2012), allows
the trial court to “order[ ] such other relief as the court deems necessary for the
protection of a victim of domestic violence . . . .” In our view, however, the relief
contemplated in section 741.30(6)(a)7. does not encompass ordering a victim to
undergo a psychological evaluation. Section 741.30(6)(a)7. is intended to allow for
relief other than the relief already provided for in the statute. Because treatment and
counseling for the respondent and the petitioner are already provided for in sections
741.30(6)(a)5. and 741.30(6)(a)6., section 741.30(6)(a)7. does not encompass such
relief.
While the trial court might have been well-intentioned, the impact of its order runs
contrary to the goals and purposes of the domestic-violence statute. The statute is
designed to protect victims of domestic violence. To that end, it sets forth the role of
law enforcement, the clerks of the court, and the judiciary. The Legislature has
attempted to make it as easy as possible for victims of domestic violence to seek
assistance from the courts, as evidenced by its elimination of any filing fee or bond and
its requirement that the clerk of the court assist victims in filing for and enforcing
injunctions. Requiring a victim of domestic violence to undergo a psychological
evaluation would impose a substantial financial and emotional burden on the victim and
would have a chilling effect on victims of domestic violence seeking the protection of the
courts.
The psychological issues underlying the cycle of domestic violence have been
explored in depth by many social scientists. See, e.g., Lenore E. Walker, The Battered
Woman (1979). These issues are complicated, and the courts are ill-suited to address
them. The best the courts can do is offer protection to those victims of abuse without
placing hurdles in their way and without threatening to incarcerate them. Accordingly, the portion of the order requiring Touchet and her son to obtain psychological evaluations is stricken. REVERSED IN PART and REMANDED. GRIFFIN and LAWSON, JJ., concur
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