Fort Lauderdale Divorce Lawyer Blog
Florida family courts must balance procedural safeguards with the need to assess credible testimony in sensitive domestic violence proceedings. One issue that sometimes arises is whether a minor child may testify in such hearings without a prior court order. A recent case from a Florida court clarifies that the rule limiting child participation is designed to protect the child, not to expand the rights of an adult respondent. If you are facing or responding to an injunction for protection in Florida, a Miami family law attorney can help ensure that all procedural rules and constitutional protections are upheld in your case.
Factual and Procedural Background
It is reported that the trial court entered two final injunctions for protection against domestic violence. One injunction was issued in favor of the defendant, and the other was entered on behalf of the parties’ minor child. Both injunctions were directed against the plaintiff, the child’s mother.
It is alleged that the final hearings on both injunctions were held together in a single proceeding. The plaintiff objected to the participation of the minor child, claiming that the child should not have been allowed to attend or testify without a court order, pursuant to Florida Family Law Rule of Procedure 12.407(a). This rule prohibits children who are witnesses or otherwise involved in a family law case from attending proceedings without a prior court order based on good cause shown.
It is further reported that although the trial court acknowledged that no such prior order had been issued, it nonetheless permitted the child to remain and testify, stating that it did not believe a prior order was required given the child’s status as a party in one of the petitions. The child, who was sixteen years old at the time, expressed a desire to testify and was found to be a credible and composed witness. The plaintiff’s counsel cross-examined the child and raised no objections during the testimony. The trial court entered final injunctions based in part on the child’s testimony.
Child Testimony in Domestic Violence Cases
On appeal, the First District Court of Appeal affirmed the trial court’s ruling, rejecting the argument that allowing the child to testify without a prior order violated the plaintiff’s due process rights. The appellate court held that the protections of Rule 12.407 are designed to shield children from unnecessary harm, not to create additional rights for a parent accused of domestic violence.
The court cited the rule’s commentary and committee notes, which emphasize that its primary purpose is to protect minors from the potential emotional damage of becoming unnecessarily entangled in family law disputes. It noted that there is no language in the rule suggesting it provides procedural protections for adult respondents.
Importantly, the court distinguished this case from others in which due process violations involved a lack of notice or denial of the opportunity to be heard. Here, the plaintiff received proper notice of the hearing, had counsel present, was able to hear the child’s testimony, and exercised the right to cross-examine. Therefore, the essential elements of procedural due process, notice and opportunity to be heard, were satisfied.
Moreover, the court emphasized that due process does not require a categorical prohibition on child testimony, even in the absence of a court order, especially when the child is capable, willing to testify, and not demonstrably harmed by doing so. As such, the court concluded that the trial court’s decision to allow the testimony did not violate due process, and the final judgments were affirmed in all respects.
Work with a Knowledgeable Miami Domestic Violence Injunction Attorney
If you need assistance handling a domestic violence dispute, it is smart to talk to an attorney. At The Law Offices of Sandy T. Fox, P.A., our Miami domestic violence attorneys represent clients in sensitive and high-stakes injunction proceedings, and if you hire us, we can help you ensure your rights are protected. Call us today at 800-596-0579 or contact us online to schedule a confidential consultation. We serve clients throughout Miami and South Florida.