Due Process Protections and Domestic Violence

Even in sensitive cases, the legal right of individuals in a trial needs to be upheld. 

A recent Florida court emphasized the constitutional protections of due process in domestic violence actions.

In Vaught v. Vaught, the Wife claimed, for the first time, that her husband had physically abused the Wife. Based on this, the trial court issued a temporary injunction on the following day, six days before the scheduled hearing.  However, the Husband argued that he was not given adequate time to prepare for her allegations, as he had less than three business days of notice prior to the hearing.

The court held that the Husband’s due process rights were violated where there was no proof that the Husband received notice of the Wife’s claims, only that he received noticed of the temporary domestic violence injunction.

If you have any questions related to a domestic violence injunction, talk to, and retain, a family law attorney experienced in dealing with these issues, contact Damien McKinney of The McKinney Law Group to discuss your case further. She can be reached by phone at 813-428-3400 or by e-mail at contact@themckinneylawgroup.com.

Teresa Prescott

The McKinney Law Group, 1105 West Swann Avenue, Historic Hyde Park North, FL, 33606

Teresa Prescott has been with The McKinney Law Group since early 2015. She began her work with the firm as a Law Clerk and in April of 2016 accepted a position as an Associate Attorney following her completion of the Florida Bar examination.