RALPH WILLIAM MCNULTY ON BEHALF OF G.M., APPELLANT,
v.
TIM R. DOUGLAS ON BEHALF OF K.D., APPELLEE

Fla. 2d DCA | 2013-04-10
No. 2D11-4191
DAVIS and KHOUZAM, JJ., Concur.
111 So. 3d 231 Florida District Court of Appeal, Second District (2013) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Ralph McNulty appeals a permanent injunction for protection against dating violence issued against his minor son, G.M., by a trial court. The appellate court reversed, holding that the trial court violated due process by failing to allow G.M. to call witnesses and cross-examine the opposing party before issuing the permanent injunction.


Holding

The court reversed and remanded, holding that the trial court abused its discretion and violated due process. A 'full hearing' as required by statute must include direct examination of witnesses, cross-examination of witnesses, and the opportunity for each party to call witnesses with relevant information. The respondent must have an opportunity to prove or disprove the allegations and be permitted to cross-examine witnesses.


Headnotes

[1] A full evidentiary hearing for a permanent injunction requires direct examination, cross-examination, and the presentation of other evidence.

[2] Due process at an injunction hearing requires that parties have an opportunity to prove or disprove allegations, call relevant witnesses, and conduct cross-examination.

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Key Quotes

“Section 784.046(6)(c), Florida Statutes (2011), requires a "full hearing" before entry of a permanent injunction against dating violence.”

Establishes the statutory requirement for a full hearing in dating violence injunction cases

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Facts & Procedural History

Timothy Douglas sought an injunction against G.M. on behalf of his minor daughter K.D. following an alleged act of dating violence on July 4, 2011. Bo…

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Opinion of the Court
BLACK, Judge.

BLACK, Judge.

Ralph McNulty, on behalf of his minor son, G.M., appeals a final judgment of injunction for protection against dating violence. Mr. McNulty argues that the trial court failed to afford his son sufficient due process when it did not permit G.M. to call witnesses or cross-examine the petitioner before imposing the permanent injunction. We agree and reverse.

Timothy Douglas sought the injunction against G.M. on behalf of his minor daughter, K.D., after an alleged act of dating violence occurred on July 4, 2011. Both parties appeared pro se at the injunction hearing. At the outset of the hearing, the court asked the parties if they had any witnesses. Mr. McNulty responded affirmatively. The court then ordered the witnesses to wait outside the courtroom and indicated that the court would call the witnesses into the courtroom when they were needed to testify. The court also instructed the parties that they were not to speak unless the court was addressing them.

The court swore in the parties and proceeded to question K.D. about the alleged act of dating violence. The court asked very specific questions and questioned K.D. at length about the incident. The court next questioned Mr. Douglas as to whether he witnessed any of the alleged dating violence. Mr. Douglas proceeded to give his account of the injuries that his daughter had sustained. The court then asked G.M. to provide his account of the incident. After a brief response, the court asked Mr. Douglas if he had a reply. Mr. Douglas provided additional testimony in which he asked that G.M. be prevented from going near his daughter’s school. The court then granted the injunction.

G.M.’s witnesses were not called, and other than his initial opportunity to recount the event, he was not provided the opportunity to testify. Further, neither party was permitted to cross-examine witnesses.

We review whether the trial court afforded a party the opportunity to be heard before imposing an injunction for an abuse of discretion. Smith v. Smith, 964 So.2d 217, 218-19 (Fla. 2d DCA 2007). Section 784.046(6)(c), Florida Statutes (2011), requires a “full hearing” before en*233try of a permanent injunction against dating violence. See Tejeda-Soto v. Raimondi, 968 So.2d 635, 636 (Fla. 2d DCA 2007). A full evidentiary hearing “includes direct examination of witnesses, cross-examination of witnesses, and the presentation of any other evidence.” Niederkorn v. Trivino, 68 So.3d 991, 992 (Fla. 5th DCA 2011).

To satisfy 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.’ ” Tejeda-Soto, 968 So.2d at 636-37 (quoting Ohrn v. Wright, 963 So.2d 298, 298 (Fla. 5th DCA 2007)). “The trial court has a duty to control the proceedings, ensuring that both sides have a fair share of the court’s time.” Smith, 964 So.2d at 219. It is an abuse of discretion for the court to deny a party the opportunity to call witnesses or testify on his or her own behalf. Id.

Here, the court ordered G.M.’s witnesses out of the courtroom and never permitted them to testify. Further, G.M. was not provided the opportunity to cross-examine the petitioner. As a result, he was not afforded the due process to which he was entitled. Accordingly, we reverse the permanent injunction and remand for a full evidentiary hearing.

Reversed and remanded.

DAVIS and KHOUZAM, JJ., Concur.


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Citator

Cited By

  • In the Interest of A.B. v. R.B., 186 So. 3d 544 (Fla. 2d DCA 2015)
    …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., 111 So. 3d 231, 232-33 (Fla. 2d DCA 2013). And while we also recognize the inherent authority of a trial court to protect a minor’s rights, even in derogation to an accused’s rights of cross-examination, see Townsend, 635 So. 2d at -956, the trial court’s authorit…
  • Putzig v. Bresk, 183 So. 3d 1046 (Fla. 4th DCA 2015)
    …g’s witness, or allow the parties to cross-examine each other. “We review whether the trial court afforded a party the opportunity to be heard before imposing an injunction for an abuse' of discretion.” McNulty ex rel. G.M. v. Douglas ex rel. K.D., 111 So. 3d 231, 232 (Fla. 2d DCA 2013). Section 784.046(6)(c), Florida Statutes, requires a full hearing before entry of permanent injunction against dating violence. § 784.046(6)(c), Fla. Stat. (2014). “A full evidentiary hearing ‘includes direct examination -of…

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