Posted by Nydia Streets of Streets Law in Florida Domestic Violence

The right to defend yourself against allegations made against you is a fundamental one in the Florida family law courts. When a party is accused of domestic violence, he or she has the right to call witnesses and present evidence to the court in opposition to the allegations. This fundamental right was an issue in the case Berkley v. Roy, 1D19-3792 (Fla. 1st DCA August 19, 2020).

The parties both represented themselves at a hearing on a petition for injunction against domestic violence. The court asked the alleged victim two questions and then briefly questioned the accused. Based on this brief hearing, the trial court entered an injunction, despite the accused’s statements that he had videotapes, documents and other evidence to present in his defense. The accused appealed.

On appeal, the appellate court reversed, holding “[T]he court did not give Appellant the opportunity to present his evidence, hear from Appellant’s two witnesses, or give Appellant the opportunity to cross-examine Appellee about the petition allegations. [internal citations omitted]. Because the court did not allow Appellant a meaningful opportunity to present his defense, we REVERSE the injunction and REMAND for further proceedings consistent with this opinion.”

Due process is an important consideration in a Florida family law case. Take steps to protect yours by speaking with a Miami family law attorney to understand how the law may be applied to your case.