Posted by Nydia Streets of Streets Law in Florida Domestic Violence

Due process is an important part of any family law proceeding, including Florida domestic violence cases. A party is denied due process when he or she is not permitted to present testimony or other evidence to support his or her claims and defenses in the case. This is illustrated in the case Price v. Taylor, 4D19-2427 (Fla. 4th DCA June 10, 2020).

In 2018, the alleged victim filed a petition for injunction against domestic violence, indicating an incident occurred in which the alleged abuser was violent with her two days before the petition was filed. The trial court granted the temporary injunction and a hearing was scheduled for later that month. At the hearing, the alleged victim testified and was subject to cross examination. After hearing the alleged victim’s testimony, the trial court judge opined it was insufficient to grant an injunction. Therefore without hearing from the alleged abuser, the trial court essentially entered a directed verdict in favor of dismissing the petition. The alleged victim appealed that decision, and the appellate court agreed with her that because there was un-rebutted evidence from her that domestic violence occurred, the injunction should have been granted. Therefore the case was remanded with instructions for the trial court to enter a permanent injunction against the alleged abuser.

On the same day the trial court entered the injunction, the alleged abuser filed a motion to dissolve it, arguing that he was never given the chance to testify at the original hearing on the injunction even though he was ready and willing to do so. He also argued “that the injunction should be dissolved on its merits because the parties had been living together from the date of the August 2018 injunction hearing until he was removed from the marital home after the trial court entered final injunction.” The trial court acknowledged the alleged abuser’s position, but felt bound to deny his motion based on the alleged victim’s argument that dissolution of the injunction “would be improper and prejudicial because the case law on motions to dissolve injunctions did not allow challenges to the underlying basis of an injunction.”

The alleged abuser appealed. Acknowledging its own mistake in the initial appeal taken by the alleged victim, the appellate court reversed the trial court’s ruling, holding “Rather than direct the trial court to enter the injunction, the proper course should have been to remand for the trial court to hold another hearing. [. . .] Due to the unique circumstances of this case, we hold that the [the alleged abuser] should be allowed to attack the initial grant of the injunction on his motion to dissolve—this includes allowing testimony regarding the events that took place on August 4, 2018—as well as the circumstances through the time a new hearing on the motion to dissolve is held.”

Florida domestic violence injunctions are serious matters which should be addressed with diligence and care. Schedule a consultation with a Miami domestic violence lawyer to understand your rights and remedies in this type of case.