Saint Augustine, FL asked in Criminal Law, Divorce and Family Law for Florida

Q: My husband made a sheriff report against me and the statement that he wrote was unturn. Please advise on how to handle

In his statement he indicates I have been trying to kill him and he is in fear of his life. This is a stunt to seek custody of our 8 year old son as we have been discussing divorce.

I was under the impression filing a false claim is a felony.

I work for the hospital and he knows I can not afford an attorney. I truly need help . Please advise me

1 Lawyer Answer
Mr Eric Klein
Mr Eric Klein
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: From a criminal perspective, if you were not arrested, then there's nothing for you to do. From a civil perspective, he may be gearing up to file a Petition for Injunction for Protection Against Domestic Violence. If he is successful in convincing a judge that he is in imminent fear for his life, a judge will issue a Temporary Order for Injunction for Protection Against Domestic Violence and you will have to leave your home and stay away from him until you have a chance to defend yourself in front of the judge, usually within 15 days. It would then be up to him to prove he is in fear for his life. I wish you good luck.

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