D.S.
v.
A.L.H.
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.
A trial court must conduct a full evidentiary hearing affording both parties a reasonable opportunity to present evidence and cross-examine witnesses before issuing a permanent domestic violence injunction.
[1] A trial court must afford both parties a reasonable opportunity to present evidence and cross-examine witnesses before issuing a permanent injunction for protection again…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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.”
Court's statement of the due process standard required for domestic violence injunction hearings
The trial court issued a final judgment of injunction for protection against domestic violence against the appellant without conducting a full evident…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Right To Present Evidence cases and more on FLexlaw
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
D.S.,
Appellant,
v. Case No. 5D20-480
A.L.H.,
Appellee.
________________________________/
Opinion filed July 10, 2020
Appeal from the Circuit Court for Brevard County, Charles J. Roberts, Judge.
Richard
J.
Feinberg, Indialantic, for Appellant.
Elizabeth Siano Harris, of Harris Appellate Law Office, Mims, for Appellee.
EVANDER, C.J.
Appellant challenges a final judgment of injunction for protection against domestic violence. He correctly argues that the trial court failed to conduct a full evidentiary hearing pursuant to section 741.30(5), Florida Statutes (2019), in violation of his due process rights. Accordingly, we reverse.
Parties are entitled to a full hearing prior to the trial court issuing a permanent injunction. See § 741.30(5), Fla. Stat. (2019); Toler v. Pray, 293 So. 3d 594, 595 (Fla. 2d
2 DCA 2020); David v. Schack, 192 So. 3d 625, 627 (Fla. 4th DCA 2016); Johns v. Johns, 101 So. 3d 377, 378 (Fla. 1st DCA 2012); Furry v. Rickles, 68 So. 3d 389, 390 (Fla. 1st DCA 2011). “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.” Furry, 68 So. 3d at 390. Here, the record reflects that the trial court failed to afford Appellant a reasonable opportunity to present evidence or any opportunity to crossexamine the witness against him. We reverse the final judgment and remand for further proceedings. REVERSED and REMANDED.
EISNAUGLE and TRAVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Roach v. Brower, 180 So. 3d 1142 (Fla. 2d DCA 2015)
- Landi v. State, 68 So. 3d 389 (Fla. 5th DCA 2011)
- Johns v. Johns, 101 So. 3d 377 (Fla. 1st DCA 2012)
- Serenity Toler v. Serife Pray, 293 So. 3d 594 (Fla. 2d DCA 2020)