According to Florida case law, if you are the person against whom a restraining order is being sought, if you don’t show up to the hearing you still may be able to challenge the sufficiency of the notice of hearing:
Mr. Traughber, who lived in Pinellas County, was served with the notice of hearing at 9:05 p.m. the night before the final hearing. Mr. Traughber did not attend the hearing in Tampa. The trial court entered a final domestic violence injunction that stated, “Service was within the time required by Florida law, and Respondent was afforded an opportunity to be heard.”
Mr. Traughber argues that he “made every reasonable effort, under the circumstances,” to notify the court of his inability to speak with counsel or be present at the hearing due to insufficient notice. He called the trial judge’s chambers at 10:00 p.m. on the night before the final hearing and at 7:30 a.m. on the day of the final hearing. He left voice messages that he was unable to attend the hearing due to the late notice and would need a continuance. The trial judge’s judicial assistant returned Mr. Traughber’s calls at 8:25 a.m. on the morning of the hearing. He asked her to advise the trial court that he had only twelve hours’ notice of the hearing and could not attend.
Mrs. Traughber contends that we should affirm because Mr. Traughber failed to (1) appear at the hearing and ask for a continuance, (2) move for rehearing under Florida Rule of Civil Procedure 1.530, or (3) move to modify or dismiss the final injunction pursuant to section 741.30(6)(c), Florida Statutes (2004). Even though Mr. Traughber did not take any of those actions, he is still entitled to appeal the sufficiency of the notice he received. See Fla. R. Civ. P. 1.530(c).
We reverse the final domestic violence injunction and remand for a new final hearing with reasonable notice to Mr. Traughber. Pending further action by the trial court, we reinstate and continue in force the temporary injunction against Mr. Traughber. See Cisneros v. Cisneros, 782 So.2d 547, 548 (Fla. 3d DCA 2001).
See: Traughber v. Traughber – 941 So.2d 388
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These articles are for informational purposes only and should not be relied upon as legal advice. Florida law is always changing and the facts of each case are unique, which can impact the outcome of a case. Therefore, we strongly recommend talking with an experienced Florida lawyer to learn your rights.