Posted by Nydia Streets of Streets Law in Florida Domestic Violence
The entry of a domestic violence injunction in Florida carries with it a stigma against the person found to have committed domestic violence. It can affect a person’s job prospects and certain privileges such as purchasing firearms. This is likely why the law requires that certain steps be followed before an injunction is entered. In Toler v. Pray, 2D19-997 (Fla. 2d DCA April 3, 2020), the entry of an injunction was appealed on the basis that all steps were not followed.
A petition for injunction against domestic violence was filed based on allegations of harassment and stalking. At a hearing on the petition, neither party had a lawyer. The petitioner testified via self direct examination. Without affording the accused the opportunity to cross examine the petitioner, the court permitted the petitioner to call another witness on her behalf. The court eventually entered an order granting the petition and entering an injunction against the accused.
An appeal was filed, and the appellate court reversed, holding there was a violation of due process. Specifically, the court held “‘To satisfy due process requirements at an injunction hearing, the parties must have a reasonable opportunity to prove or disprove the allegations made in the complaint. This includes allowing relevant testimony of pertinent, noncumulative witnesses who are present and cross-examination of the parties.’ [. . .] Here, the trial court erred in allowing [the accuser] to call other witnesses before affording [the accused] an opportunity to cross-examine [the accuser]. As such, [the accused’s] due process rights were violated, and we must reverse and remand for further proceedings.”
This case shows why it may be important to hire a lawyer to assist you with your Florida family law case. Schedule a consultation with a Miami domestic violence lawyer to understand your rights and remedies.