Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A Florida domestic violence case begins with the filing of a petition by the victim. The petition is important because it puts the court and opposing party on notice about what is alleged to have occurred. It supports a fair process so that no one is surprised by allegations at a hearing and has time and opportunity to build a defense. This was an issue in the case Brooks v. Basdeo, 5D21-2280 (Fla. 5th DCA April 1, 2022).
The alleged victim filed a petition for protection against domestic violence, alleging one incident of violence in July 2021. At a hearing on the petition, the alleged victim testified to another incident of violence that was not included in his petition. After hearing testimony, the court determined that domestic violence had occurred, and that there were numerous incidents of violence between the parties. The accused abuser appealed.
The appellate court found that due process rights were violated where incidents were testified to at the hearing that were not included in the petition. The court held “‘It is axiomatic that a party defending against a claim is entitled to due process, including the right to proper and adequate notice of the allegations which form the basis for the relief sought.’ Sanchez v. Marin, 138 So. 3d 1165, 1167 (Fla. 3d DCA 2014). ‘The purpose of pleadings is to present, define, and narrow the issues, and to form the foundation of, and to limit, the proof to be submitted on the trial.’ White v. Fletcher, 90 So. 2d 129, 131 (Fla. 1956) (quoting 71 C.J.S., Pleading, §1). ‘To ‘allow a court to rule on a matter without proper pleadings and notice is violative of a party’s due process rights.’ Sanchez, 138 So. 3d at 1167 (quoting Carroll & Assocs., P.A. v. Galindo, 864 So. 2d 24, 29 (Fla. 3d DCA 2003)). The applicable statute provides: ‘The sworn petition must allege the existence of such domestic violence and must include the specific facts and circumstances upon the basis of which relief is sought.’ § 741.30(3)(a), Fla. Stat. (2019). Appellee’s petition referred only to the events of July 24, 2021.” The injunction was therefore cancelled.
A successful case sometimes rests on well-prepared pleadings. Schedule your meeting with a Miami family law attorney to learn how one can help you with your case.