Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If a party fails to appear at a Florida domestic violence injunction hearing and an injunction is entered against that person, can he or she appeal? The answer depends on the circumstances surrounding the non-appearance. This was an issue in the case Fletcher-Johnson v. Johnson, 4D2024-1124 (Fla. 4th DCA November 12, 2025).
The appellant in this case did not appear for a hearing on a petition for injunction against domestic violence which was filed against her. The court entered the injunction against her, and she appealed, arguing it was error to do so in her absence. The appellant also argued the trial court abused its discretion when it denied her motions to vacate the final judgment and the dismissal order without an evidentiary hearing.
The appellate court noted the appellant did not provide a transcript of the hearing, so it was constrained to affirm on that ground alone. However, the court noted “Furthermore, Appellant was not deprived of due process when the trial court ruled on the petition despite her absence. Appellant had actual notice of the April 1, 2024 final hearing when she was served the order setting the hearing by hand delivery in open court approximately two weeks before the hearing. Appellant hand-signed the acknowledgment of receipt, stating she received the order setting the April 1, 2024 hearing.” Last as to the appellant’s argument about her motion to vacate, the court noted “[T]he notice of appeal clearly states that Appellant is appealing only the final judgment of injunction for protection against domestic violence. An order denying a motion to vacate is separate from the final judgment and is appealable separately. Because the notice of appeal fails to include the order denying the motions to vacate the final judgment and the dismissal order, we have no jurisdiction to review those orders.”
Nothing in this article can be taken as legal advice, as application of Florida family law is specific to the unique facts of each case. Schedule your case review with a Miami family law attorney to understand how the law may apply to the facts of your case.