Posted by Nydia Streets of Streets Law in Florida Domestic Violence

A petition for injunction against domestic violence in Florida must be supported by a petition that recites the allegations on which the petitioner relies to seek relief. This is so that the other party is on notice as to what he or she needs to defend against at the hearing. This issue arose in the case Stanlick v. Stanlick, 2D18-4938 (Fla. 2d DCA March 13, 2020).

The former wife filed a petition for injunction against domestic violence alleging certain acts by the former husband. At a trial on the petition, the former wife began testifying about alleged incidents that she did not include in her petition. The former husband objected to this testimony, but the trial court apparently overruled that objection and entered the injunction based on the former wife’s testimony about these incidents. The former husband appealed.

The appellate court reversed, holding it was a violation of the former husband’s due process rights to admit (despite the former husband’s objection) the former wife’s testimony about matters not mentioned in her petition. The court also held that because the incidents that were included in the petition standing alone did not support the entry of the injunction, the trial court’s consideration of the unpleaded matters was not harmless error.

If you are facing a domestic violence case or are in need of a Florida civil restraining order, schedule a consultation with a Miami domestic violence lawyer to go over your options.