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Zarudny v. Zarudny

Florida Court of Appeals, Third District

March 28, 2018

Dennis Zarudny, Appellant,
v.
Evgeniya Zarudny, Appellee.

         Not final until disposition of timely filed motion for rehearing.

          An Appeal from the Circuit Court for Miami-Dade County, Lower Tribunal No. 17-272 William Altfield, Judge.

          Michael P. Mirer, for appellant.

          Evgeniya Zarudny, in proper person.

          Before EMAS, FERNANDEZ, and LINDSEY, JJ.

          LINDSEY, J.

         Appellant Dennis Zarudny (the "husband") appeals the trial court's Final Judgment of Injunction for Protection Against Domestic Violence with Child(ren) (the "Final Injunction") entered on February 16, 2017. This Court has jurisdiction under Florida Rule of Appellate Procedure 9.030(b)(1)(A). Because the Final Injunction was supported by competent, substantial evidence, we affirm.

         I. BACKGROUND

         Dennis and Evgeniya Zarudny had been married for nearly seven years when things began to unravel during the fall of 2016. However, it is the events commencing on New Year's Eve of 2016, culminating with the Petition filed on January 5, 2017 by Evgeniya Zarudny (the "wife") For Injunction For Protection Against Domestic Violence With Children (the "Petition"), that bring this case before us.

         In the Petition, the wife alleged that the husband is addicted to alcohol, abuses marijuana, and refuses to take medication for his mental disability. The wife further alleged that on December 30, 2016, she got into a verbal conflict with the husband over booking flights for a vacation. Following the argument, the wife stated that the husband was upset and began drinking while she took their daughter to the swimming pool. The wife further stated that on December 31, 2016, she woke up and found the husband asleep on the couch after a night of drinking and that the husband started drinking again around 7:30 a.m. and proceeded to consume alcohol throughout the rest of the day.

         The wife alleged that a physical confrontation between her and the husband occurred later that day when the husband disabled the lock to their twenty-month-old daughter's bedroom door in order to gain entry while the wife was putting the daughter down for a nap. The wife stated that, despite her protest that their daughter needed to sleep, the husband began playing with the daughter and shoved the wife into the door to prevent the wife from stopping him. She further stated that a verbal argument followed, after which the wife left the apartment with their daughter for a few hours.

         The wife and the daughter returned later in the evening of December 31, 2016, whereupon the wife stated that the husband asked her to prepare everything for New Year's Eve while he took a nap on the couch. The wife also stated that the husband was upset that she woke him up only twenty minutes before midnight and that she only bought one bottle of champagne. Thereafter, according to the wife, in the early morning hours of January 1, 2017, the husband continued to drink heavily and, despite the fact that she and the daughter were sleeping nearby, the husband purposefully turned the television volume extremely loud. The wife stated that after she disabled the television by cutting the cable cord, the husband broke the bedroom lock and attempted to physically remove the wife from the bed by flipping the mattress and ripping the sheets off. In addition, the wife stated that the husband then, while still very intoxicated, proceeded to play with their crying daughter despite the wife's pleas to stop. Afraid for the safety of the daughter, the wife stated that she eventually was able to pack a bag and leave the apartment with the child around 1:00 or 2:00 a.m.

         Then, the wife stated, when she and the daughter returned the following morning, she and the husband got into a heated verbal argument during which the husband threatened to send the wife back to Russia and take away the daughter. The wife took cellphone videos during the verbal argument that showed the husband continually screaming at the wife in a threatening manner. Fearing for her own safety as well as the daughter's safety, the wife alleged, she called the police.

         On January 5, 2017, the wife filed the Petition and a temporary injunction was issued. A hearing was held, after proper notice on February 16, 2017, where the wife testified as to the allegations in the Petition. The wife described physical abuse by the husband within the last three years, explaining how she had previously called police because of alleged physical violence. The wife further described the husband's harassing behavior between December 31, 2016 ...


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