Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Shiobhan Olivero
2 Answers | Asked in DUI / DWI for Florida on
Q: In Florida can the DMV mandate an ignition interlock device if the court did not order it from a DUI conviction?

In Florida can the DMV mandate an ignition interlock device if the court did not order it from a DUI conviction? The driver blew a .17 but charges were amended to reduce the blood alcohol level to below .15. The case is now closed and the driver is eligible to have his license reinstated and no... View More

Shiobhan Olivero
Shiobhan Olivero
answered on Mar 31, 2021

Yes, the DMV can require it since the blow was above a .15, and there was not a separate order entered by the court stating the blow was deemed to be below .15 and that an ignition interlock is not required. The DMV does consider court orders stating this information in considering whether or not... View More

View More Answers

3 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: Is it right for cops do a field test on a traffic stop if he isn't at least in front of you?

Got pulled was searched me and my ole man hunt old bottles well we found one old and it was an old medicine bottle. They found it went to there truck out of sight from us and field tested it. Said it was positive for meth. We really don't know if it was or not we weren't able to observe.... View More

Shiobhan Olivero
Shiobhan Olivero
answered on Mar 31, 2021

No, unfortunately, there is no obligation for law enforcement to perform the test in front of you. You should consult with and hire an experienced criminal defense attorney to review your case and any issues that there may be with the evidence.

View More Answers

2 Answers | Asked in Child Support and Family Law for Florida on
Q: when serving a summons for an increase in child support does the financial affidavit need to be included?
Shiobhan Olivero
Shiobhan Olivero
answered on Mar 30, 2021

If you are seeking to modify a current child support order and are filing a petition for modification, a financial affidavit will need to filed in the case. Mandatory disclosures will also be required. Whether the financial affidavit needs to be filed at the same as the petition for modification,... View More

View More Answers

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I’m 17 and I have a full time job, want to move out, what’s the process?
Shiobhan Olivero
Shiobhan Olivero
answered on Mar 30, 2021

The question I ask back is - when are you going to turn 18? You can hire someone to file a petition for emancipation so that you can emancipate and live on your own as a minor --- if you meet all of the requirements of the law. However, the process is not a quick one. So, if you are going to turn... View More

View More Answers

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Live in Fl and behind by 5 months. Can fl law arrest me for mich?

I Told mi courts that I was starting my own biz and would be behind for 5 months. Now there's a hearing set. Can Florida arrest me?

Shiobhan Olivero
Shiobhan Olivero
answered on Jul 26, 2018

More information is needed to properly answer your question. You should contact an attorney and go to a confidential consultation to review your options.

1 Answer | Asked in Adoption, Child Support, Domestic Violence and Family Law for Florida on
Q: Child custody/kidnapping

If the father of the child takes the child away from the mother without good reason, in florida, is that against the law? Is it a felony? He intentionally cut off all contact between the mother and the child. The mother has not been able to find the child because no agencies will help her, due to... View More

Shiobhan Olivero
Shiobhan Olivero
answered on Jul 26, 2018

More information is needed to properly answer your question. You should contact an attorney and go to a confidential consultation to review your options.

3 Answers | Asked in Child Custody and Family Law for Florida on
Q: If my ex loses their perinatal rights can I put them on child support?

Me and my ex have been going to court for custody and she is losing her rights and I need to know if that happens can I put her on child support?

Shiobhan Olivero
Shiobhan Olivero
answered on Jul 26, 2018

I am not sure what you mean by "losing her rights." If a petition for termination of parental rights has been filed, and the judge grants the petition, that is one thing. If you are referencing that she may not be the "sole" custodial parent or majority decision-maker for the... View More

View More Answers

1 Answer | Asked in Child Custody for Florida on
Q: After Hurricane Maria, I took my son with me to FL. We had joint custody, now he is asking for full custody and return.

Should I wait for a summons or should I file for full custody here in Florida

Shiobhan Olivero
Shiobhan Olivero
answered on Jul 26, 2018

There is a lot more information needed to properly answer your question. You should contact an attorney and go to a confidential consultation to review your options.

1 Answer | Asked in Divorce for Florida on
Q: Daughter needs a divorce attorney that will fight for herhusband left her while sick for stripper

Just weeks after brain surgery he left her. Took marital bed, everything of value. He was bread winner. Has successful company, $150.g in 2 cars,nice home. She has nothing. They were living together 7 of the 14 years.he now refuses to let her see her son, because she won’t sign divorce papers in... View More

Shiobhan Olivero
Shiobhan Olivero
answered on Jul 26, 2018

Hi. Your daughter definitely needs to consult with an attorney to discuss her options. There are a lot of factors at play here, and would best be discussed in a confidential consultation with an attorney. Although no one can guarantee a "win" or an outcome on the case, it appears your... View More

2 Answers | Asked in Criminal Law and Family Law for Florida on
Q: if someone obtains an injunction against you false statements and you can prove it she committed perjury I can prove t

I was assaulted by my wife's friends I spoke with the sheriff which was my next door neighbor what's told me that she can be prosecuted for that I then told my wife and she went and got an injunction against me said that she had a black eye and that we argued that night I was also a... View More

Shiobhan Olivero
Shiobhan Olivero
answered on Jul 26, 2018

Hi. I do not understand what question you have, as I do not see an actual question written. You need to re-post and make sure you have a clear question posed for a response.

View More Answers

1 Answer | Asked in Criminal Law and Juvenile Law for Florida on
Q: Is there a grey area in Florida's 'Romeo and Juliet' law?

So i'm 18 and i have this "friend" who i have known for two years. She has, on multiple occasions, asked to move things forward to an official relationships to where we could be more intimate (I don't mean ALL the way but more of just kissing and hanging over at her house)... View More

Shiobhan Olivero
Shiobhan Olivero
answered on Jul 23, 2018

The "Romeo and Juliet" law does not make sexual contact with a minor "legal." It makes the person charged and convicted of the crime eligible to petition to be removed from the sexual offender registry after a certain period of time and if all other requirements under the... View More

2 Answers | Asked in Criminal Law for Florida on
Q: Hi I’m on a felony probation and I have three warrants out for misdemeanors all charges from the same day.

The felony probation is for grand theft the new charges are petty theft resisting retail merchant and simple battery

Shiobhan Olivero
Shiobhan Olivero
answered on Jul 23, 2018

What is your question?

View More Answers

1 Answer | Asked in Criminal Law, DUI / DWI and Car Accidents for Florida on
Q: How long must I wait to get a hardship license after my license was revoked for life in the state of Florida?

I was convicted of DUI manslaughter in 2003 and my license was revoked for life. I was sentenced to 10.375 years in FDOC and 3 years probation. With all this behind me I was hoping to get a hardship license and save money not paying for Uber rides.

Shiobhan Olivero
Shiobhan Olivero
answered on Jul 23, 2018

As long as you have no prior DUI convictions, you can petition for hardship after 5 years.

a person whose driving privilege has been permanently revoked because he has been convicted of DUI manslaughter and has no prior convictions for DUI-related offenses may, upon the expiration of 5...
View More

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: Sister w/brain tumor plead guilty to battery (often confused, no speech Is this even legal? See addendum below

+ a week after pleading her ex filed a 'motion to set aside' injunction, in it he admitted that he was up in her face for 2hrs screaming/begging/demanding her to "Hit me, B*tch".

In light of his recent admission and the fact that she doesn't even know the date half... View More

Shiobhan Olivero
Shiobhan Olivero
answered on Jul 23, 2018

There is a very specific time-limit to appeal or to withdraw a plea. She should contact an attorney immediately, as the times may have already passed. More information is needed to properly answer the question on whether she can appeal or withdraw her plea.

View More Answers

2 Answers | Asked in Criminal Law and Traffic Tickets for Florida on
Q: How many days in jail will I do for an FTA in Pasco county?
Shiobhan Olivero
Shiobhan Olivero
answered on Jul 23, 2018

More information is needed to answer your question properly.

View More Answers

3 Answers | Asked in Civil Rights, Criminal Law and Domestic Violence for Florida on
Q: Can I Retract statement to police.

I made a police report against my bf for battery but the more I replay the day in my head n watch the video I see it was just an accident. He's been arrested for the incident I don't know who i can contact to drop the charges or retract my statement made to police.

Shiobhan Olivero
Shiobhan Olivero
answered on Jul 23, 2018

You can contact his attorney. If you no longer wish to prosecute, you can contact the State Attorney's office and fill out a request not to prosecute form.

View More Answers

2 Answers | Asked in Divorce for Florida on
Q: Is it true in Florida after been separated for seven years you are legally divorse.

My wife cheat it on me seven years, left with her lover, we have been separated for seven years. It is true that after seven years of been separated in Florida we are consider divorse.

Shiobhan Olivero
Shiobhan Olivero
answered on Jul 26, 2018

No. You must go through the formal legal court process to get divorced.

View More Answers

2 Answers | Asked in DUI / DWI for Florida on
Q: If your license is suspended for DUI does that mean you have a criminal record?
Shiobhan Olivero
Shiobhan Olivero
answered on Jul 23, 2018

Not necessarily. There are 2 license suspensions for a DUI - an administrative suspension if there was a blow of .08 or higher or a refusal; and a court suspension upon conviction. If the case went to court, and you were convicted, a suspension took affect at the time of conviction, and you have... View More

View More Answers

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: When I Divorce I got $0 child support we made the same amount $ at the time now I no long work Can I get support now ?

At the time I worked we made the same amount now I no longer work because of going back to school and having another child I filed for child support but now they have to dismiss the Administrative order to go though Judicial though department of revenue in the order it states 50/50 but he... View More

Shiobhan Olivero
Shiobhan Olivero
answered on Dec 18, 2017

More information is needed before your question can be properly answered. There are certain requirements that must be met and determined for a modification to be granted. You need to meet with an attorney for a determination of whether these requirements are met.

1 Answer | Asked in Juvenile Law and Criminal Law for Florida on
Q: Can my best friend who is 18 can her mom have me arrested for being her best friend? cause I'm 25 year-old

Because I do not want to lose my best friend I mean she makes me laugh she funny smart cool goes to church same as me because if her mom tear us apart we will be sad

Shiobhan Olivero
Shiobhan Olivero
answered on Dec 18, 2017

An 18 year old is a legal adult. The 18 year old can be friends with whomever she wants.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.