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Questions Answered by Charles M. Baron
1 Answer | Asked in Family Law, Personal Injury and Domestic Violence for Florida on
Q: Is there a way to sue my parents, as well as my mother's second ex husband, for damages from abuse?

I was abused as a child by my parents, and especially my mother and my now ex stepfather physically which included, but not limited to, traumatic brain injuries as well as being punished for exposing their affair to my father, who in turn decided to punish me for being an unwilling participant.... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 26, 2023

Sorry to hear about your terrible ordeal. Your description seems to indicate that all wrongdoing occurred a few decades ago. There is a high probability that a lawsuit for money damages due to such wrongdoing would be barred by the statute of limitations (assuming that would be raised as a... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can I request a copy of a police departments internal affairs investigation report?

The officer on my friends case was being investigated by internal affairs,for misconduct. That officer resigned from the police department to stop the investigation and before taking a scheduled polygraph test. Is it possible for me to obtain a copy of the internal affairs report that was be... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 25, 2023

Once an IA investigation is over (and there's no pending criminal case against the officer), the entire IA file (not just the final report) is public record, a copy of which can be obtained by making a public records request to the police dept. Many departments now take online requests on a... View More

1 Answer | Asked in Domestic Violence, Personal Injury, Civil Litigation and Criminal Law for Florida on
Q: I was a victim of domestic abuse several times. What is the clause I can sue exwife for it?

I was an international student (19 years old), who married a Puerto Rican woman (24) right after associates degree. I was starting university as a junior when I got married.

My family was happy that I found someone for myself. they all flew in from Canada, Australia & other parts of... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 25, 2023

Sorry to hear about your ordeal. Your inquiry is vague as to when the abuses occurred. You mention, without relating any facts about timing, the phrase "tolling statute of limitations", which is the stopping of the clock for the time counting towards the limitations period, under... View More

1 Answer | Asked in Car Accidents and Criminal Law for Florida on
Q: I was arrested for leaving the scene of accident and resisting arrest without violence.

I plead no contest, and took the plea deal of time served (18 days).

Before the arrest, during the time in jail, and for 5 years afterwards, I was severely mentally ill (scrizophernia, bipolar disorder medications). Now I that my medication have been updated, I feel sane enough to be a... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 25, 2023

Sorry to hear about your ordeal. It is possible to file a motion to withdraw a plea due to the plea being involuntary because of mental incompetence. However, due to the number of years going by and the (I assume) availability of the police report at all times, I believe you'd be facing very... View More

Q: I am purchasing land to establish a farm and I am told I need a lawyer, but I don't know what kind.

I need to have a purchase agreement with the seller to proceed with the FSA who is giving a farm loan to purchase the land 100%.

Charles M.  Baron
Charles M. Baron
answered on Nov 24, 2023

For the real estate transaction, hire a real estate lawyer. If you still need to set up your business entity for the farm, hire a lawyer handling business formation. You might be able to find a lawyer/law firm that does both. Another issue is whether your land is already zoned for everything you... View More

2 Answers | Asked in Civil Litigation for Florida on
Q: What are the laws for my things being removed from the home after being evicted?
Charles M.  Baron
Charles M. Baron
answered on Nov 21, 2023

When a tenant receives a court order of eviction, that's an eviction of the tenant him/herself and all of his/her stuff. If the tenant vacates and leaves personal property items on the premises, and does not reach an agreement with the landlord for picking up the items later, the items are... View More

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1 Answer | Asked in Civil Rights and Family Law for Florida on
Q: How can I prove my adult son is being abused mentally and controlled by my aunt's husband while on medication

My son went to my aunt's house cause he was homeless not to be abused what can be done through the court?

Charles M.  Baron
Charles M. Baron
answered on Nov 19, 2023

Your inquiry is vague regarding the words "abused" and "controlled". Certain types of abuses are crimes to be brought to the attention of law enforcement. For example, if he's being held against his will, that would be a crime. If you're NOT talking about something... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: If I know I have a strong case to pursue a lawsuit against dcf, how do I proceed? What kind of attorney do I need

Long story short, I lost two sons in an accident and one survived they were in the care of their father who survived as well. CPI became involved when I brought my surviving son home from the hospital. I was the non offending parent but that quickly changed once me and the cpi worker had a... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 19, 2023

Sorry to hear about your terrible ordeal. The legal grounds available to sue DCF are very limited due to various legal obstacles, such as immunity from certain grounds that are available to sue certain other governmental entities. In some limited circumstances, there are potential grounds to sue... View More

1 Answer | Asked in Elder Law and Family Law for Florida on
Q: Why can't I see my 87-year-old mother if there is no legal reason why

My mother was brought down to Saint Cloud Fl by my aunt after her husband died on April 23. My aunt is planning on with a living man friend taking over my mother's Lower Manhattan NY apartment My aunt claims my mother doesn't want to talk with me but my mother never told me that and I... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 14, 2023

You didn't indicate what, if anything, is preventing you from going to your mother's place or calling her. That info would be necessary to determine what, if anything, a lawyer can do for you. Contacting your mother would also be the first step in determining what rights, if any, you... View More

1 Answer | Asked in Insurance Bad Faith, Land Use & Zoning and Real Estate Law for Florida on
Q: Loss usage of property

My elderly mother has loss usage of her property. The county allowed a realtor to mislead her by telling her she had her own tree lined driveway knowing the driveway was in dispute. Tropic Shores Realtor in Hernando County FL. The seller covered up issues with problem neighbors and the drive. Two... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2024

"We can't get the judge to do a restraining order..." Was your mother represented by a lawyer in seeking such an order? If not, schedule a consultation with a lawyer in your area and start from scratch. If she did have a lawyer, any lawyer you consult with would have to review... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Am I being investigated

The police & f.b.i are surrounding my house hurraseing me

Charles M.  Baron
Charles M. Baron
answered on Dec 6, 2024

The question "Am I being investigated [by police and/or the FBI]?" can only be answered by law enforcement staff. If you hire a lawyer, he/she can contact those offices to try to find out what's going on. If you actually are a suspect in an investigation, and law enforcement... View More

2 Answers | Asked in Appeals / Appellate Law and Civil Rights for Florida on
Q: Was called a sovereign and entered into involuntary servitude

What can I do about this

Charles M.  Baron
Charles M. Baron
answered on Oct 17, 2024

Being subjected to involuntary servitude would be a crime, so you must contact law enforcement - that is, the police or sheriff's dept. for the location where it is/was occurring. Additionally, you might have a potential claim for money damages against the perpetrator.

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2 Answers | Asked in Civil Rights for Florida on
Q: How do I find a lawyer to take an existing case that we believe has broken several civil rights of the defendant
Charles M.  Baron
Charles M. Baron
answered on Sep 23, 2024

You need to re-post your inquiry with a bit more information in order to get any guidance about your particular situation. Generally, though, to find a lawyer for any area of law, you can click on Find a Lawyer at the top left of this Justia page or contact the Florida Bar Lawyer Referral Service.

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2 Answers | Asked in Criminal Law, Civil Rights and Juvenile Law for Florida on
Q: Can a person video a minor being place in a police car

A neighbor videoed a 12 yr old in handcuffs being escorted out of his house and placed into a police vehicle with 6 police officers

Charles M.  Baron
Charles M. Baron
answered on Sep 21, 2024

Generally, it's legal to video record anything taking place in public, where an incident can be viewed by strangers who happen to be present. Some people video record arrests or other police activity, knowing the police see them, to prevent police misconduct and to report it if it occurs.

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1 Answer | Asked in Civil Litigation for Florida on
Q: I want to know if I must file one small claims case with two defendants, or can I file two, or one civil and a sm. case?

The current situation is for the recent events for the last several months:

1. March 28, verbal harassment at a Board meeting (a lawsuit was open)

2. April 30, selective enforcement Notices of Violation (they ignored my reply in May)

3. June 11, Board assessed a $1,000... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 3, 2024

To obtain the advice you are seeking, you need to schedule a consultation with a lawyer handling HOA matters, even if you believe self-representation is the way to go. With HOA disputes, there are mediation and/or arbitration procedures that might have to be followed.

2 Answers | Asked in Wrongful Death for Florida on
Q: a suspect is being wrongfully chased into on coming traffic and dies from a collision with john doe are police at fault?

This is hypothetical school assignment

Charles M.  Baron
Charles M. Baron
answered on Jun 5, 2024

If a driver is followed by police car(s) with flashing lights, making it obvious that the police are requesting the driver to pull over, the driver has the legal duty to pull over, not take off into oncoming traffic or otherwise. So your phrase "wrongfully chased" makes no sense. There... View More

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1 Answer | Asked in Business Law and Civil Litigation for Florida on
Q: Can I file a writ of replevin to recover property that does not have a title? For example, electronic equipment ?
Charles M.  Baron
Charles M. Baron
answered on May 5, 2024

Sure, if you can prove ownership. Examples: proof of purchase, photo of it being in your possession, credible witness testimony.

2 Answers | Asked in Civil Litigation for Florida on
Q: When it comes to eviction laws does MiamiDade law prevail over City of Miami

This is the time constraints on evictions differing between City of Miami and MiamiDade

Charles M.  Baron
Charles M. Baron
answered on Apr 20, 2024

You need to be more specific on what "time constraints" you're talking about. If you're referring to notice-to-terminate periods, some counties and municipalities extended them due to the Covid crisis, but those extensions no longer exist due to a 2023 change in Fla. Statutes.

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1 Answer | Asked in Contracts, Identity Theft and Small Claims for Florida on
Q: This guy is using me for money what can I do
Charles M.  Baron
Charles M. Baron
answered on Feb 23, 2024

You need to pick up the phone and call a lawyer. Look for a lawyer in your area who handles general practice. Justia has "Find a Lawyer" tab on the top, and you can try the Florida Bar Lawyer Referral Service.

When you do call, you need to be specific about who is using you...
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1 Answer | Asked in Contracts for Florida on
Q: I bought a car but it was totaled before we got and weren't aware of it
Charles M.  Baron
Charles M. Baron
answered on Jan 17, 2024

This is a Q and A forum, but you didn't ask a question. Also, if you're question is what legal remedies might be available, more facts would be needed about the sale, such as the terms of sale, whether there's a written contract, whether the car was sold "as is", whether... View More

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