Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In a Florida domestic violence proceeding, both parties must be given an opportunity to present evidence and to challenge evidence presented against them. Failure to provide this opportunity usually results in a violation of a party’s due process rights. This was an issue in the case Owens v. Owens, 1D20-1647 (Fla. 1st DCA April 9, 2021).
At a trial on the alleged victim’s petition for protection against domestic violence, the accused admitted to installing a camera outside of the victim’s home. After this and other admissions, the trial court refused to allow the accused to present any further evidence or to question any other witness. However, the alleged victim was permitted to testify extensively while the accused was not allowed to cross examine her. An injunction was entered against the accused and he appealed.
The appellate court reversed, noting: “Parties are entitled to a full hearing prior to the trial court issuing a permanent injunction. . . . 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 (citing Furry v. Rickles, 68 So. 3d 389, 390 (Fla. 1st DCA 2011).” The court went on to note, “Appellee made a number of serious allegations and she may ultimately be entitled to the final judgment of injunction. But the court cannot deprive Appellant of a full hearing, no matter how compelling it considers portions of the evidence. We reverse and remand with directions for the trial court to vacate the permanent injunction, reissue the temporary injunction, and conduct a full hearing in accord with Furry.”
Domestic violence is a serious matter. Schedule a consultation with a Miami family law attorney to discuss your options.