KIMBERLY OHRN, APPELLANT,
v.
ASHLEE JEWEL WRIGHT, APPELLEE
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The court held that the trial court violated due process by failing to swear witnesses and denying the appellant the opportunity to present testimony.
The trial court entered a final judgment of injunction for protection against repeat violence. The appellant was denied the opportunity to call a witn…
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PER CURIAM.
We reverse the final judgment of injunction for protection against repeat violence entered pursuant to section 784.046, Florida Statutes (2006). We do so because the transcript of the hearing reflects that the trial court did not swear either witness and did not permit the appellant, Kimberly Ohrn, to call a witness who could have offered testimony to support her version of the incidents that had occurred between the parties. These actions constituted a due process violation.
Section 784.046, Florida Statutes (2006), requires a “full hearing” prior to entering a permanent injunction against repeat violence.1 To satisfy the constitutional and statutory imperative of due process, at an injunction hearing, the parties must have an opportunity to prove or disprove the allegations made in the complaint. All witnesses should be sworn, each party should be permitted to call witnesses with relevant information, and cross-examination should be permitted. Utley v. Baez-Camacho, 743 So. 2d 613, 614 (Fla. 5th DCA 1999). While we are sympathetic to the time constraints faced by busy trial courts, we cannot ignore the dictates of the Florida Statutes or the requirements of fundamental due process concerning the procedures to be utilized in making critical decisions of this nature. See Lewis v. Lewis, 689 So. 2d 1271 (Fla. 1st DCA 1997).
REVERSED AND REMANDED.
ORFINGER, MONACO and EVANDER, JJ„ concur. . Section 784.046(6)(a), Florida Statutes (2006), which governs injunctions for repeat violence, states, in pertinent part:
(6)(a) When it appears to the court that an immediate and present danger of violence exists, the court may grant a temporary injunction which may be granted in an ex parte hearing, pending a full hearing, and may grant such relief as the court deems proper, including an injunction enjoining the respondent from committing any acts of violence.
(Emphasis added).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Furry v. Rickles, 68 So. 3d 389 (Fla. 1st DCA 2011)…a “full hearing” prior to 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. See Ohrn v. Wright, 963 So. 2d 298 (Fla. 5th DCA 2007). This includes allowing relevant testimony of pertinent, noncumulative witnesses who are present and cross-examination of the parties. See Lewis, 689 So. 2d at 1273. In the instant case, the court began the hearing by informing…
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In the Interest of A.B. v. R.B., 186 So. 3d 544 (Fla. 2d DCA 2015)…es should be sworn, each party should be permitted to call witnesses with relevant information, and cross-examination should be 'permitted’” Tejeda-Soto v. Raimondi, 968 So. 2d 635, 636-37 (Fla. 2d DCA 2007) (emphasis added) (quoting Ohrn v. Wright, 963 So. 2d 298, 298 (Fla. 5th DCA 2007)). Moreover, this prerequisite is echoed by section 784.046(6)(c), which “requires a ‘full hearing,’ ” including cross-examination, “before [*551] entry of a permanent injunction.” McNulty ex rel. G.M. v. Douglas ex rel K.D.,…
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Tejeda-Soto v. Raimondi, 968 So. 2d 635 (Fla. 2d DCA 2007)…denied due process, and we agree. Section 784.046, Florida Statutes (2005), the statute governing injunctions against repeat violence, contemplates a “full hearing” before entry of a permanent injunction against repeat violence. See Ohrn v. Wright, 963 So. 2d 298, 298 (Fla. 5th DCA 2007). In Ohm, the court explained as follows: To satisfy the constitutional and statutory imperative of due process, at an in [*637] junction hearing, the parties must have an opportunity to prove or disprove the allegations mad…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lewis v. Lewis, 689 So. 2d 1271 (Fla. 1st DCA 1997)
- Utley v. Baez-Camacho, 743 So. 2d 613 (Fla. 5th DCA 1999)