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Florida Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Florida on
Q: My spouse had me arrested for domestic battery and put a temporary injunction on me what do I do
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 31, 2021

Comply with the temporary injunction. Get an attorney.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Florida on
Q: Can I sue both landlord and neighbors for refusing to acknowledge domestic abuse taking place on his premises?

This morning was the third time my neighbors physical violence and fighting not only woke me in the middle of the morning, but they extend it to my doorstep throwing someone against it. I have complained to my landlord over a yr now...he does absolutely nothing but tell me "if youre not happy,... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 23, 2021

No, you have no cause of action against your landlord or against your neighbor. Take your landlord's advice and move when your lease is up.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Florida on
Q: I'm 17 and wish to runaway with my older boyfriend, we need some advice?

My family has always been very abusive, and as of recently it has gotten worse. They aren't this way to another sibling of mine so I don't want to risk that sibling going into foster care if I call child services. I'm 17 and I have a boyfriend above the age of majority who wishes to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 13, 2021

Depending on his age, he could be accused of "sexual battery" (called statutory rape in most places), if they suspect he is having sex with you.

1 Answer | Asked in Domestic Violence for Florida on
Q: My sons had me arrested for domestic battery but I am the victim. I went to jail then got ROR can I go file charges

She attacked me I have a black eye and my other eye is swollen and she tased me. She had no marks but she called police the next day. I went to jail for 1 day. I just got out. Can I file charges of my own

Tom Murphy
Tom Murphy answered on May 25, 2021

Your question is confusing, was it your daughters or your sons? Anyway - you can try. It is up to the state whether charges are filed. Usually the first person to call the cops wins. Do you really want to file charges against your children? Get an attorney, have her call the prosecuting... Read more »

1 Answer | Asked in Domestic Violence for Florida on
Q: Can I get an injunction on a brother and sister who are not on my lease in my house?

Putting up cameras in my house without my permission. Threatening that they dare anybody come out and say something as in violence. Scarring my minor child saying she is going to call DCF and take to take my youngest child. All in retaliation of my sisters husband who I have an injunction on for... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

There are requirements to obtain a Domestic Violence Injunction that include being the victim of violence or imminent fear of becoming the victim of domestic violence. If someone is letting someone into your residence that has an injunction against him, your remedy is to report the violation to... Read more »

2 Answers | Asked in Domestic Violence and Family Law for Florida on
Q: dealing with a domestic violence case in New Jersey with the father of my 2 year old. I’m wanting to relocate to fl

Laws are strict in N.J. about relocating but I have support family a job here and nothing in N.J. he is demanding visitation court agreed to it. I do not trust him with my son or want him in his life at all he never was around or a parent when we were there. My son is happier with him not here.... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Apr 15, 2021

Step one is to establish your residency in Florida. You will need to live here six months before you can take advantage of the Florida courts. Until then your fight is in NJ.

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1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Florida on
Q: 4 years ago I was convicted of DV with Adjudication Withheld, am I able to own a firearm? Thanks.
Jonathan Blecher
Jonathan Blecher answered on Apr 13, 2021

An “Adjudication Withheld” on a felony, or on a misdemeanor crime of domestic violence, requires that three years has have elapsed since the completion of all sentencing provisions, including any probation or court fines.

1 Answer | Asked in Criminal Law, Family Law, Child Custody, Domestic Violence and Libel & Slander for Florida on
Q: What do I do?!?! This person is trying to ruin me!!!!

My ex wife has filed multiple false allegations against me since 2014, dcf cases, injunctions, and trying to modify child arrangements. Each report says something different, and none of them have gone in her favor meaning I have been lucky enough for a judge not to believe her. This time she is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 25, 2021

1. The first line of defense I see is for you to go back to the same court that granted your divorce and file a motion to reopen the cases and also file a motion for contempt--citing all of the reasons you gave us here.

2. The second line of defense is to hire a very experienced trial...
Read more »

1 Answer | Asked in Domestic Violence for Florida on
Q: Can i talk about a woman who has an injunction on me online, she will read it but I made no contact with her
Tom Murphy
Tom Murphy answered on Mar 20, 2021

That seems like a really bad idea. My advice - move on.

1 Answer | Asked in Domestic Violence for Florida on
Q: What happens if I am eligible for a pretrial diversion program and the "victim" doesn't consent out of spite?

What happens if I am eligible for a pretrial diversion program and the "victim" doesn't consent out of spite? Do I have a way around this?

Tom Murphy
Tom Murphy answered on Mar 20, 2021

See Florida Statute 948.08(2). The Victim MUST consent to a defendant entering Pretrial Diversion. Whether the victim refuses to consent out of spite is irrelevant. Also, neither the defendant nor the defendant's immediate family is allowed to contact the victim or the victim's... Read more »

2 Answers | Asked in Divorce, Family Law, Appeals / Appellate Law and Domestic Violence for Florida on
Q: will the magistrate/judge ensure i get some form of alimony and my belongings (8 yrs married with dv no child) ?

we live in Florida . he moved and wouldn't tell me where , he wont tell me where my belongings are , unbeknownst to me we were evicted. he makes 150k annually. i had an injunction against him b4 that expired 1 month b4 we decided to try to fix our marriage again. he is the breadwinner and... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Mar 10, 2021

Alimony in Florida is based on need and ability to pay. You have to need it and he has to be able to afford it. The General Magistrate can certainly order alimony if the matter being heard by the Magistrate is related to support. You need to make sure there's a motion or a petition requesting... Read more »

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1 Answer | Asked in Domestic Violence for Florida on
Q: Is it difficult to have a domestic violence restraining order overturned?

My son was issued an injunction 2/22/21 by his ex (off and on} which he countered. She claimed he was "stalking" her. The hearing was this morning - he says the Judge issued orders on both of them. My son did not have attorney representation, which I believe had he, the outcome would have... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 8, 2021

It is difficult for you or I to answer without firsthand knowledge. I can tell you that injunctions can be set aside or terminated. You do not say if the injunction issued was temporary or permanent. All injunctions reference an end date. I can also tell you that a court rarely issues injunctions... Read more »

3 Answers | Asked in Domestic Violence and Landlord - Tenant for Florida on
Q: Does my landlord in Florida have to let me out of lease if I have police report of domestic violence
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 25, 2021

No. Your personal problems have nothing to to do with your legal responsibility to pay your rent.

However, if you ask the landlord nicely they may let you break the lease.

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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Will an arrest be made on a domestic violence case even if no arrest was originally made.?

I called the police after my ex husband strangled me. By the time the police came, he had left. She took down the details and told me she would file a report and a detective would be in contact with me.

It’s been a few days and I haven’t heard anything. Will an arrest be made? Will... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Feb 14, 2021

Yes, the wheels of justice grind slowly but I am sure that a report will be processed, and an arrest will most likely be made. If you don’t hear anything after a week, then call the officer that took the report to get a status update.

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: if you have domestic violence charges pending and the child services calls should I talk to them or get an attorney?
Jonathan Blecher
Jonathan Blecher answered on Jan 27, 2021

Anything you say to DCF (In Florida, it's Department of Children and Families) will be turned against you. Hire an attorney.

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1 Answer | Asked in Adoption, Child Custody and Domestic Violence for Florida on
Q: I have a child from an unmarried relationship and my husband and I would like for him to be able to adopt her.

The father on the birth certificate has not seen her since her first birthday. Has not provided any financial support since her birth and only tries to contact me on her birthday every year and she is now five. He is already involved in another custody case with his wife who is trying to get a... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 21, 2021

You must address the biological father's rights one way or another. The easier way id for the bio father to consent to the adoption. The more difficult way is for you to go to court to terminate bio father's parental rights. One of those two things must happen to facilitate the adoption... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: Can I get full custody of my two children Boy(9) Girl(11)after abuse has happened to my daughter while at her fathers?

Daughter has suffered physical and verbal abuse from the step mom. Son watched and has heard. He also has suffered from physical abuse as well just not to the same extent. Daughter has been sexually abused by the step sister for multiple years. Daughter has now tried to commit suicide while at... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 29, 2020

If there is no family or dependency case in court with these circumstances, you must run, not walk to the courthouse to get assistance for your children. If the things you state here can be proven with evidence and testimony, yes, you have a good chance of obtaining supervised time-sharing for the... Read more »

2 Answers | Asked in Criminal Law, Personal Injury, Civil Litigation and Domestic Violence for Florida on
Q: Should medical treatment of someone rolling a car over another's foot be covered by car insurance or personal insurance?

This is a continuation of a prior question ("Can son press charges on ex-girlfriend who ran over his foot and drove off in his car?").

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 9, 2020

I am sorry to inform you that there may never be an answer to this dilemma because the dispute involved two different kinds of insurance companies--neither of which will ever accept the claim.

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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: If I have an open case but caught another charge an my bond was revoke would i be able to get another bond
Leonard Louis Cagan
Leonard Louis Cagan answered on Nov 9, 2020

In most jurisdictions, no. One of the conditions of bond is that you not commit any new crimes. The new charge will violate the conditions of bond on the old case. The State or the Judge on their own motion can request a revocation of the bond on the first case. You are going to need to speak to an... Read more »

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