A Florida court recently upheld a decision denying a wife’s request for attorney’s fees in a domestic violence injunction case. The ruling affects Susie Fitzpatrick and her husband, Joshua Fitzpatrick, and clarifies the legal standards for awarding attorney’s fees in such cases. The decision matters as it sets a precedent for future domestic violence injunction proceedings in Florida.

The case, Susie Fitzpatrick v. Joshua Fitzpatrick O/B/O V.F., a Minor and V.F., a Minor, was filed under docket number 4D2025-2881. The dispute arose after Joshua Fitzpatrick filed a domestic violence injunction against his wife, Susie. After the injunction was dismissed, Susie sought attorney’s fees, claiming that Joshua had made false statements in his petition.

The parties involved are Susie and Joshua Fitzpatrick, who have two minor children. The dispute centers around a domestic violence injunction that Joshua filed against Susie in June 2022. A temporary injunction was issued, but after several hearings, the circuit court dismissed the case in March 2023, finding insufficient evidence to support the claims of domestic violence.

Following the dismissal, Susie filed a motion for attorney’s fees, arguing that Joshua knowingly made false statements in his petition. However, the circuit court ruled that it could only consider her request under section 57.105(8) of the Florida Statutes, which applies specifically to domestic violence injunction proceedings. This section requires a higher standard of proof, stating that attorney’s fees can only be awarded if the court finds by clear and convincing evidence that the petitioner knowingly made false statements.

The court found that Susie did not meet this burden of proof. In its ruling, the court stated, “We agree with the circuit court that it was legally limited to considering the wife’s motion for attorney’s fees as a sanction against the husband under only section 57.105(8), and could not consider the wife’s motion under section 57.105(1).” The judges involved in the ruling were Chief Judge Gerber and Judges Shaw and Lott.

The impact of this ruling is significant for future domestic violence injunction cases in Florida. It reinforces the notion that a higher evidentiary burden applies when seeking attorney’s fees in these types of proceedings. This decision clarifies that courts will not award fees under the lower standard of section 57.105(1) in domestic violence cases, which may discourage frivolous claims and ensure that only well-supported allegations are pursued.

Going forward, this ruling may affect how parties approach domestic violence injunctions and the related financial implications. It highlights the importance of providing clear and convincing evidence when alleging that false statements were made in such proceedings. This ruling may also serve as a warning to those considering filing for attorney’s fees in similar cases, as they must be prepared to meet the stringent requirements set forth in section 57.105(8).

As for what’s next, it remains unclear if Susie Fitzpatrick will seek to appeal the decision. The court’s ruling is not final until any timely-filed motion for rehearing is resolved. Details were not available in the court filing regarding any potential appeals or related cases.