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Florida Domestic Violence Questions & Answers
1 Answer | Asked in Divorce, Family Law and Domestic Violence for Florida on
Q: Am I responsible for the other parties attorney fees if I voluntarily dismiss the temporary injunction I placed on them?

I put a temporary injunction on my spouse and they hired an attorney before the hearing. If I decide to voluntarily dismiss the temporary injunction prior to the hearing, will I be responsible for their attorney fees?

Rand Scott Lieber
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answered on Feb 2, 2024

Generally speaking each party is responsible for their own fees in an injunction hearing. You have an absolute right to dismiss your petition. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Domestic Violence for Florida on
Q: Do I have any legal option as a victim of dom violence with a granted permanent order of protection done in 12/2020?

Ex husband violated the order on 5/23 by calling me after getting out of jail due to another domestic violence case in a different county. I called the local police department & reported the violation. A recorded statement was done the same night & the officer ordered a warrant for his... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2024

If the authorities refuse to do anything, you, on your own, still can ask the judge to hold your ex in contempt of court. File a motion and ask for a hearing.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: can judge do a jury trial after defendant has already plead guilty on there own
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 2, 2024

A criminal defendant does not plead guilty alone; he or she does so at a court hearing at which the judge decides whether the plea should be accepted. If the judge decides that, for whatever reason, the plea should not be accepted, then a trial would probably be scheduled.

1 Answer | Asked in Criminal Law, Domestic Violence and Elder Law for Florida on
Q: Can I be arrested for driving a car that my exfiance supposedly bought for me 13 years ago?

He is or his civil real estate atty. says I have 10 days to turn the car over a long with his guns.

I turned the guns in last February after he was arrested for trying to kill me.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 26, 2023

It essentially depends on the registration of the vehicle. If it was registered to you 13 years ago, and there is no written contract to the contrary, your ex doesn't have a case.

1 Answer | Asked in Divorce and Domestic Violence for Florida on
Q: In relation to divorce due to domestic violence

Hello I am seeking help with divorce from my husband who is incarcerated for battery on me for the third time he is in prison. I was advised that since this was in relation to domestic battery you would be able to help me divorce my husband. I am seeking immediate divorce as soon as possible , how... View More

Rand Scott Lieber
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answered on Jul 6, 2023

You need to contact a local family law attorney who will prepare your pleadings and serve your husband in prison. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Florida on
Q: Both my partner and I have restraining orders against his ex for stalking, both orders in place for the past four years.

Family members have informed us that she is attempting to rent 1 of the 2 apartments above us. I contacted the rental office and informed them of the order this week. She has not moved in yet but has started receiving mail at the apartment as we have been told by a family member who was asked to... View More

Rand Scott Lieber
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answered on Jun 19, 2023

You took the right first step by contacting the leasing office. If the person in fact moves in then you can notify the police. A violation of an injunction becomes a criminal offense. Speak with a local lawyer for more specific advice.

1 Answer | Asked in Domestic Violence for Florida on
Q: Does cyber harassment fall under dating violence ?

I recently filed an injunction against my ex. A majority of the reason is him posting things about me online to humiliate and embarrass me. When I filed , I was told “the computer” chose dating violence, but I’m wondering if dating violence covers the online harassment as well as showing up... View More

Todd B. Kotler
Todd B. Kotler
answered on Jun 19, 2023

You need to actually invest in a conversation with an attorney in your county who practices domestic relations and domestic violence law. Your answer is going to depend on the specific language of the injunction and the specific text of the online statements the respondent has made.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Domestic Violence for Florida on
Q: I'd like to get information on obtaining a pro bono attorney for my case if possible.

I currently have a restraining order placed on me two years ago, but the other party has been contacted me, and even visited my apartment. I feel that the restraining order is unjustified,as the other party can't prove they fear for their life .

Destardes Moore
PREMIUM
Destardes Moore
answered on Jun 17, 2023

You may be able to file a Motion to Dissolve the Injunction. You should consult with an attorney regarding the specific facts of your case to determine if you meet the burden required to dissolve the injunction. Contact your local legal aid center for assistance.

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: I was granted a temporary order against en ex.

I'm in Florida and am going through a pretty tumultuous break up. This was part of a series of mental health crises where I experienced some very unsafe thoughts.

As a result, I lashed out at him in the midst of a crisis.

He has shown up to my house several times unannounced.... View More

Rand Scott Lieber
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answered on Jun 9, 2023

Step one is make sure that he is served with the temporary injunction. You (or the Sheriff) can contact the probation officer directly. They may or may not be able to tell you the possible consequences of a probation violation. You may also be able to report his behavior directly to the police.... View More

1 Answer | Asked in Civil Rights and Domestic Violence for Florida on
Q: If there is a civil case of sexual abuse why haven’t the accuser’s arrest yet
Stephen Arnold Black
Stephen Arnold Black
answered on May 23, 2023

More facts would be needed to know. Schedule a free phone consultation with an attorney here in Florida.

1 Answer | Asked in Domestic Violence for Florida on
Q: If someone comes to my property and damages my home and vehicle, Can I sue for harassment to cover the damages?

This person beat my door with a hammer, Shattered my room window and has been sending me messages impersonating officers, Threatening me, Sending other people messages and threatening them using my name.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 3, 2023

First, report it to the police. Then make a claim with your homeowner's insurance company. If they pay your damages, they probably will file suit against that person for the damages, including the deductible. It will not be necessary to sue for "harassment", as such.

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: If I file a report against someone online but they say I have to have a deputy respond, can I refuse?

I filed a report against my ex for hitting me online they responded saying g I has to have a deputy respond to file that type of report but I would rather not upset our son any more thinking his dad will go to jail can I refuse since my ex has not contacted me since the incident ?

Rand Scott Lieber
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answered on Feb 19, 2023

If you want law enforcement to pursue anything then you will have to either make a report at the station in person or have a deputy come to you. If you do not want to pursue it further then you don't need to do anything else. Speak with a local lawyer for more specific advice.

1 Answer | Asked in Domestic Violence for Florida on
Q: Is the granting of a TRO (Temporary Restraining Order) or Temporary Injunction considered “Affirmative Relief”?

Is the granting of a TRO (Temporary Restraining Order) considered “Affirmative Relief” — even without yet a Final Hearing?

Or is a TRO a different type / category of relief?

(The Final Hearing has been continued / delayed to allow Discovery.)

Even though it is a TRO... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 27, 2023

Why do you ask: "considered affirmative relief" for what purpose?

1 Answer | Asked in Car Accidents, Personal Injury, Criminal Law and Domestic Violence for Florida on
Q: If someone throws a rock at your car in florida can you legally shoot back?

In florida throwing a rock at someones car is projecting a deadly missile. My question is if someone throws something at your car in a road rage incident that can injure you or your passengers is it legal to shoot back (stand your ground law). I need professional legal advice from someone who knows... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 24, 2022

Your question is vague as to the timing of the events, as well as the specific danger posed by the rock-thrower. You may "stand your ground" with reasonable force that is necessary for self-defense - that is, to stop an ongoing attack that may cause death or great bodily injury to you.... View More

1 Answer | Asked in Child Custody, Child Support, Domestic Violence, Family Law and Landlord - Tenant for Florida on
Q: the father of my child moved me into his home a year ago. Can he kick me out even if i have nowhere to go with my kid?

he gave me 1 month to leave his house because I caught him cheating. It escalated where he put his hands on me in front of my child. I called the police and reported it. I don't have family around so I have nowhere to go right away. I haven't worked in 6 months, he's been paying all... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 10, 2022

No, he cannot just kick you out like a dog. If you have stayed there for longer than 30 days, then he has to take legal steps to evict you. If you are married then different rules apply. But if you are just a houseguest, then he first has to serve you a notice to vacate, and then he has to file an... View More

2 Answers | Asked in Civil Rights, Domestic Violence, Elder Law and Identity Theft for Florida on
Q: My brother robbed us for avrything we own my mother and I are blind and we had to run for our life's the police won't he

The police say its a civil matter he robbed us with a fraudulent POA for over two hundred and fourty four thousand dollars worth of money property and assets

Charles M.  Baron
Charles M. Baron
answered on Sep 6, 2022

You did not ask a question. Re-post to state what you wish to find out or what kind of help you are seeking. Also, we see our on end says, "Orland, CA asked ... in Civil Rights, Domestic Violence, Elder Law and Identity Theft for Florida." State where the events occurred, as it's... View More

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1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: Can my husband after 16yrs open a new bank account just because he mad at me and don't want me having money

Now I have not worked a day in my life in the past 16 yrs he has been supporting me because he is scared of me working but now we are fighting every day and he keeps threatening me that he's going to open a new bank account so I'm left with nothing is he allowed to do that

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 19, 2022

Yes, he can; he is not obligated to maintain a bank account with your name on it.

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: Is there anyway to get a temporary injunction for protection against domestic violence with minor children lifted?

We lived together, she left and then this happened. She’s already broken windows and super glued my gas cap shut.

Pamela J. Fero
Pamela J. Fero
answered on Aug 9, 2022

The respondent can file a motion to modify or remove a restraining order if he/she proves that the circumstances that granted the injunction no longer exist. It's up to the judge's decision to remove the injunction. If the judge finds the petitioner is no longer in danger, the injunction... View More

1 Answer | Asked in Child Custody and Domestic Violence for Florida on
Q: I need some answers on how I can get my child back. My child was taken because of domestic violence

My child was taken because of domestic violence that he witnessed one time my child is 15 years old I am 52

Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

I’m not sure if the injunction was a civil one, a DCF injunction or a criminal no contact order. It may be a combination of things. In any event, you need to file an action for dissolution of marriage or a paternity action. I would strongly suggest that you hire a qualified family law attorney to... View More

1 Answer | Asked in Domestic Violence for Florida on
Q: How do I get a restraining order removed if I haven't had contact with the other person?

No contact in nearly 20 years.

Jeffrey H. Garland
PREMIUM
Jeffrey H. Garland
answered on May 19, 2022

Retain an attorney to file a motion to dissolve the injunction. Your attorney should guide you on whether it is feasible- it often is. Notice should be given to the Petitioner if possible, and the matter should be set for a hearing.

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