The Importance of Due Process in Florida Domestic Violence Injunction Hearings

Before issuing a final domestic violence injunction, a Florida judge must hold a hearing, at which both the petitioner and the respondent are allowed to present evidence. The petitioner is the person alleging they are a past or likely future victim of domestic violence. The respondent is the person accused.

The final hearing proceeds much like any other civil trial. Each side may call witnesses, cross-examine witnesses called by the other side, and present additional documentary evidence. The judge will then decide if a “preponderance” of the evidence supports granting a domestic violence injunction, and if so, the specific terms of such an order.

Appeals Court Rejects Involuntary Dismissal of Wife’s Petition Against Estranged Husband

Due process is meant to protect both parties to a domestic violence injunction hearing. Judges are not supposed to short-circuit the process. A recent decision by the Florida Fourth District Court of Appeal, Schulmann v. Schulmann, provides a useful illustration. In this case, a Broward County judge dismissed a wife’s request for a domestic violence injunction after hearing her case. The Fourth District said this decision was premature.

According to court records, the wife filed a petition for a domestic violence injunction the same day she filed for divorce from her husband. The wife’s petition alleged that within the past year, the husband had threatened or assaulted her on multiple occasions. She further alleged that she was afraid of what he might do in response to the divorce.

The judge held a final hearing on the wife’s domestic violence injunction petition, as required by law. The wife herself testified. After the wife rested her case, the husband moved for an involuntary dismissal. Under Florida family court rules, such a motion can be granted if, after considering the evidence in the light most favorable to the petitioner, the court concludes the petitioner failed to establish a necessary element of their case.

Here, the judge made just such a finding and granted the husband an involuntary dismissal. On appeal, however, the Fourth District reversed. It noted that involuntary dismissal was inappropriate precisely because the trial court failed to look at the evidence in the most favorable light to the wife. Indeed, doing so would have meant accepting the wife’s allegations of domestic violence as true.

That said, the Fourth District also declined the wife’s request for an order granting her a domestic violence injunction. Instead, the Court of Appeals returned the case to Broward County for a new hearing on the matter.

Contact a Fort Lauderdale Domestic Violence Injunction Lawyer Today

Domestic violence is a serious problem. That is why Florida courts have broad powers when it comes to issuing a domestic violence injunction. With such power, however, comes a responsibility to respect the due process rights of both parties. A qualified Fort Lauderdale domestic violence injunction attorney can advise you of those rights and help ensure they are respected throughout the legal process. Call Haber | Blank LLP today at 954-767-0300 to schedule a consultation.

Source:

4dca.flcourts.gov/content/download/2439955/opinion/Opinion_2023-1206.pdf