Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How much notice is sufficient for a domestic violence injunction hearing? Due process requires that each party be given fair and adequate notice to be heard before adverse action is taken against them. This was an issue in the case Garrison v. Williamson, 5D22-2695 (Fla. 5th DCA October 20, 2023).
The parties were formerly engaged to be married. The former fiancee filed a petition for protection from dating violence. A temporary injunction was denied, but a hearing was set and the order setting the hearing required that attorneys file their notice of appearance at least 2 days prior to the hearing in order to appear at the hearing. The former fiance was served with notice of the hearing one day before the hearing date. He lived in a different county from the county in which the hearing was to take place. He requested a continuance which was denied. The hearing went forward with both parties appearing pro se. A permanent injunction was entered against the former fiance and he appealed after filing a motion for rehearing which was denied.
The appellate court noted “To be fair, notice ‘must be of such nature as reasonably to convey the required information, and it must afford a reasonable time for those interested to make their appearance.’ [internal citations omitted] ‘While there are no hard and fast rules about how many days constitute a ‘reasonable time,’ the party served with notice must have actual notice and time to prepare.’ [internal citations omitted] ‘The time requirements will vary based on the type of proceeding and the circumstances surrounding it.’ [internal citation omitted]. However, ‘Florida’s courts have routinely held that if service of notice is made to a party only a few days or less before an adversarial hearing on the merits, then the notice is not fair and reasonable.’”
The court concluded “[T]he amount of notice was unfair because it did not afford Appellant a reasonable opportunity to prepare for the hearing. Appellant, who lives in Pinellas County, did not receive notice of a dispositive, evidentiary hearing in Sumter County until the day before the hearing. He then promptly requested a continuance, but the court did not grant one. In addition, the court’s scheduling order required all lawyers to file their notices of appearance at least two days before the hearing. Thus, by the time Garrison received notice of the evidentiary hearing, it was impossible for any counsel he could have retained to comply with the court’s scheduling order. Because Garrison did not receive fair notice of the hearing on Williamson’s petition for a dating violence injunction, we reverse the final judgment awarding an injunction.”
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