Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How many times can a judge continue a Florida family law case? While judges have discretion to grant or deny requests to delay hearings, this discretion is not absolute. Sometimes too many continuances can affect a party’s due process rights - that is their right to a fair process. This was an issue in the case Sanchez v. Saenz, 3D21-819 (Fla. 3d DCA May 12, 2021) in which the final hearing was continued 8 times, resulting in an ex-parte temporary injunction being in place for over 520 days.
In November 2019, the wife filed a petition for injunction against domestic violence. As a result an ex-parte injunction was entered against the husband. Although the final hearing was initially set to occur in December 2019, this did not occur, and the final hearing continued to be delayed 8 times. As a result, the husband did not have time-sharing with the parties’ three minor children for over 17 months. Shortly before a final hearing set for March 2021, the husband filed a motion to dissolve the ex parte injunction while the parties waited for a hearing date, or to proceed with the final hearing. The court then, without a hearing, entered an order again continuing the final hearing to June 2021. After a hearing, the court denied the husband’s motion and he appealed.
The appellate court analyzed the trial record and concluded there was no good cause for so many continuances. The court determined that by delaying the final hearing for so long, due process rights were being violated, and the court does not have unfettered discretion to delay hearings. The court ruled “Through the filing of this opinion, the ex parte injunction has been in place for over 520 days, and the final hearing has not occurred. Absent any evidence of good cause preceding the trial court’s ruling, the trial court erred in extending the ex parte injunction. Because [the wife] ‘was never given a full hearing on her request for an injunction and was precluded from presenting evidence that would support issuance of an injunction,’ we remand for the trial court to expeditiously conduct a final injunction hearing pursuant to section 741.30, Florida Statutes.”
Domestic violence injunctions are serious matters which require serious attention. Schedule a consultation with a Miami family law attorney to learn more about how the law may apply to your case.