A South Florida man made a significant mistake when he arrived at court for a hearing in September 2014. He assumed “this was simple.” He didn’t hire a lawyer, and his wife did. When he left court, he had an injunction for protection against domestic violence entered against him, even though he had received less than three business days’ notice that his wife would accuse him of physical abuse at the hearing. When the husband did hire a lawyer to represent him on appeal, he got the injunction overturned by the Fourth District Court of Appeal because the short notice he received violated his due process rights. The man’s case is a stern reminder to assume nothing about any court hearing, always take them seriously, and take every step available to protect yourself, including hiring counsel.
The case arose from the troubled marriage of Palm Beach County couple M.V. (husband) and K.V. (wife). The wife went to court in the summer of 2014, seeking a protective injunction. She accused her husband of both stalking her and destroying her personal property. The trial judge declined to issue the injunction, concluding that the assertions the wife made were not enough to meet the legal requirements for issuing a protective injunction. The judge told the wife, however, that she could supplement her allegations with additional evidence to meet the legal standards. The court scheduled another hearing for Wednesday of the next week.