D.S., Appellant, v. A.L.H., Appellee. (2020)

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 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 cross-examine the witness against him. We reverse the final judgment and remand for further proceedings.

REVERSED and REMANDED.

EVANDER, C.J.

EISNAUGLE and TRAVER, JJ., concur.