Ask a Question

Get free answers to your Domestic Violence legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Domestic Violence Questions & Answers
0 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: Can a 16-year-old's mother file a restraining order against her 19-year-old boyfriend in Florida due to past sexual activity?

I live in Florida and I'm about to turn 16 next month. My boyfriend, who is 19, was once close to my family but had a falling out with my brother in the past. My mother is currently threatening to take legal action against him, possibly by claiming statutory rape or seeking a restraining... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Florida on
Q: Can I report a potentially abusive relationship involving guns to police in Florida?

I am aware of a potentially abusive relationship involving my friend, who I've known since she was 14. She is currently in a relationship with a man who was 18-19 when they started dating, and I have seen bruises on her, which she confirmed were caused by him. This man has a history of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

Yes, you can and should report this situation to the police in Florida. When there are signs of abuse, especially involving a minor, and the presence of firearms, it becomes a serious safety concern. The fact that your friend has visible bruises and admitted to being hurt, combined with the... View More

Q: Help with ex-boyfriend's harassment and legal accusations in Florida.

I need help dealing with my ex-boyfriend, who is wealthy and controlling. He gifted me a house, where I'm legally the sole owner, and some accusations against me have recently emerged. He claims I’ve stolen the house and committed fraud related to checks. We have proof via texts that he... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

What you’re facing sounds incredibly stressful, and your concerns are valid—especially when the harassment is coming from someone with more financial resources and legal pressure. If the house was truly gifted to you and your name is on the deed as the legal owner, then you have a strong... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Can I be in trouble if family contacts wife against no contact order?

I have a no contact order against me from my wife, but my family texted her asking if she still loves me without my knowledge or involvement. Can I get in trouble for this even though I didn't know they were contacting her?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

This kind of situation can feel stressful, especially when you’re trying to follow the rules but someone else’s actions might affect you. If your family contacted your wife without your direction or knowledge, that’s important—but it can still raise questions, especially if the message is... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law, Domestic Violence and Family Law for Florida on
Q: Legality of courts accepting evidence from criminal cases without jurisdiction.

Is it legal for family court or domestic violence judges to accept any type of testimony and evidence from an ongoing criminal case as true, even when they have zero jurisdiction over the subject matter? This acceptance is violating constitutional rights under the 5th, 6th, and 14th Amendments, and... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 1, 2025

The family court can consider any evidence that is admissible pursuant to the rules of evidence. It is up to the judge to decide about credibility of witness testimony. Speak with a local lawyer for more specific advice.

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: Facing simple battery-domestic charge; no criminal history; seeking court defense advice.

I have no criminal history, but I'm now facing a charge of simple battery-domestic. My wife and I had a heated argument, which escalated when she started hitting me. I tried to stop her by hugging her to calm her down and let her go so she could move to another part of the house. Despite this,... View More

Shawn Erik Clark
Shawn Erik Clark
answered on May 19, 2025

James L. Arrasmith has given you a fantastic answer. I also see you asked this on May 1 and I didn't have a chance to see it until May 19, so you might have already done everything I am about to recommend.

First, make sure you contact your Assistant Public Defender (APD) to discuss...
View More

View More Answers

1 Answer | Asked in Domestic Violence, Libel & Slander and Personal Injury for Florida on
Q: How can I get a restraining order for threats to post false accusations?

I need to obtain a restraining order against someone who is threatening to post false accusations from a long-dropped case of sexual assault on social media. I am concerned this could harm my family and children. I have not reported these threats yet. We had a past relationship as acquaintances.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

You’re facing a very distressing situation, especially with the threat to your family’s reputation and safety. To get a restraining order, start by going to your local courthouse or family court to file a petition for protection. You’ll need to explain clearly and provide any evidence of the... View More

3 Answers | Asked in Divorce, Domestic Violence, Employment Law and Family Law for Florida on
Q: How can I get a divorce and seek support in Florida due to emotional and verbal abuse?

I want to divorce my husband, and I've been married to him for nearly six years. I have never worked, and he has been in charge of everything financially. We don't have any children or shared property. I am seeking alimony and assistance to move out of state. My husband has alcohol... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 23, 2025

Go consult with a local family lawyer that offers a free consultation. You may be able to seek support for a short amount of time but in a six year marriage you are going to be expected to support yourself. Spousal support is based on your financial need and his financial ability to pay. Speak with... View More

View More Answers

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: Can my 15-year-old refuse visitation with a noncustodial parent in Florida?

My 15-year-old daughter was ordered to have biweekly visitations with her noncustodial parent through a court order established in 2010. However, she has undergone therapy since 2021 due to highly volatile interactions, including threats and verbal abuse from the noncustodial parent aimed at both... View More

Destardes Moore
PREMIUM
Destardes Moore
answered on Apr 16, 2025

In Florida, a 15-year-old cannot unilaterally refuse court-ordered visitation, but the custodial parent can petition to modify the visitation order by demonstrating substantial changes in circumstances and showing that the current arrangement endangers the child's mental or emotional health.... View More

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Charged with aggravated assault, wife wants to drop charges, seeking legal advice.

I was charged with aggravated assault after an argument with my wife in Belleview. The police claimed a gun was involved, but they didn't find one and no injuries were reported. My wife doesn't want to be a witness and wishes to drop the charges. At the bond hearing, she expressed her... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025

This must feel like a heavy situation, especially with so much on the line—your marriage, your business, and your reputation. Even though your wife wants to drop the charges, it’s important to understand that once the state files them, it’s no longer entirely in her control. Prosecutors can... View More

2 Answers | Asked in Child Custody, Family Law and Domestic Violence for Florida on
Q: What motion should I file for emergency custody due to safety concerns in shared arrangement?

I currently have a shared custody arrangement with my child's father, where our son spends two weeks with each parent. Recently, DCF visited my son to inquire about his father and his father's girlfriend. There was an incident where the girlfriend cut herself, and it's unclear if it... View More

Vanette Augustin
Vanette Augustin
answered on Apr 10, 2025

At this point, I do not think you have enough information to proceed. You need to contact DCF for more information. its possible there could be another explanation why the girlfriend cut herself. A judge will want to know that to determine if the child is in danger.

View More Answers

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: What motion to file for emergency custody due to safety concerns?

What motion should I file for an emergency custody situation? I have shared custody of my son with his father, where my son stays with each of us for two weeks alternately. Recently, the father's girlfriend was hospitalized after cutting herself, though it's unclear if this was a suicide... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

In an emergency situation like this, you can file a motion for emergency custody with the court to temporarily change your son’s living arrangements. This motion is typically filed when you believe that your child’s safety or well-being is at risk, such as in cases involving domestic violence... View More

1 Answer | Asked in Domestic Violence, Civil Litigation and Criminal Law for Florida on
Q: What are my rights in a common assault case and counterclaim without evidence?

I was subjected to a common assault by my boyfriend on March 11, 2025, and I reported it, intending to press charges. However, he has filed a counterclaim against me, although I'm unsure of when this was done. I don't have any evidence or documentation related to either incident, and I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

In a common assault case, you have the right to pursue charges if you were the victim of the assault. Since you’ve reported the incident, you can still press charges, even if you don’t have physical evidence right now. Testimony, witness statements, or medical records could serve as important... View More

1 Answer | Asked in Domestic Violence, Employment Law and Gov & Administrative Law for Florida on
Q: Will an expunged domestic violence arrest disqualify me under Florida level 2 background check statute 435.04?

I'm concerned about whether an arrest for domestic violence, not involving a minor, would be a disqualifying event under a level 2 background check statute 435.04 in Florida. The arrest led to an anger management course and counseling, and my record has been sealed and expunged. I have the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

Under Florida's level 2 background check statute (435.04), an expunged domestic violence arrest may still be considered in certain situations, depending on the type of employment or licensing you are applying for. While your record has been sealed and expunged, the statute allows certain... View More

3 Answers | Asked in Domestic Violence, Divorce and Family Law for Florida on
Q: What steps for confronting cheating husband safely and legal protection?

I recently discovered that my husband is cheating on me. I have not confronted him about it yet, and I'm concerned about my physical safety if I do. We haven't discussed divorce, but I have substantial evidence of his infidelity. I have family support at the moment. What steps can I take... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 7, 2025

Your only legal recourse regarding infidelity is to recover half of any money that is spent on the affair. You first need to decide if you will pursue a divorce or not. If yes, go see a local family attorney. If no, go see a local therapist who can help you, or both of you, moving forward. Speak... View More

View More Answers

1 Answer | Asked in Family Law, Domestic Violence and Divorce for Florida on
Q: Seeking family law help in Crestview, FL for divorce and injunction related to felony case.

I am seeking family law help for my son in Crestview, Florida. He needs assistance with a divorce and dealing with a temporary injunction that is connected to his felony domestic violence case. He currently has a public defender appointed for the felony case. In addition, there is one minor child... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

I'm sorry to hear about the challenges your son is facing. Navigating legal issues involving both criminal and family law can be complex, but there are resources in Crestview, Florida, that may assist you.

**Legal Aid Organizations:**

- **Legal Services of North Florida...
View More

1 Answer | Asked in Domestic Violence and Criminal Law for Florida on
Q: How can my son get felony charges reduced for a DV arrest?

My son was arrested for domestic violence and is being held on felony 2 charges, even though his pregnant girlfriend stated he did not hit her. It is his first arrest, and he has not been assigned an attorney yet. The police issued a "no contact order," and they took pictures and spoke... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

It’s important for your son to get a lawyer as soon as possible. A lawyer will be able to assess the evidence, including his girlfriend’s statement, and work on strategies to reduce or dismiss the charges. The fact that this is his first arrest and there was no physical evidence of harm could... View More

2 Answers | Asked in Child Custody, Child Support, Family Law and Domestic Violence for Florida on
Q: How can I file for full custody in Florida when child's father is absent and neglectful?

I have been the primary caregiver for my child, with her father having had no contact for 5 months and neglecting child support for 1 year and 5 months. My daughter solely lives with me, and our current understanding is that I have full custody, although there are no formal court orders in place.... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 1, 2025

You do not say if you are married or not. If you are unmarried and have never been to court for paternity then you can basically do whatever you like. If the father opposes anything then he would have to go to court. If you are married it is a similar situation. Speak with a local family lawyer for... View More

View More Answers

3 Answers | Asked in Adoption, Child Custody, Child Support, Domestic Violence and Family Law for Florida on
Q: Can my husband adopt my children if I have full custody and their birth father has visitation rights, but hasn't visited since 2022 and is behind on child support?

I have full legal and full physical custody of my children, and their birth father has supervised visitation rights two hours once a month, per a court order. However, he has not used these visits since 2022 and only saw the children once that year. He has expressed objections to someone else... View More

Daniel A Bachert
Daniel A Bachert
answered on Mar 31, 2025

The step parent adoption you are referencing requires the consent of both legal/biological parents, however the court can waive that requirement where it is alleged and proven that the non-consenting parent has abandoned the children, as that term is defined under Florida statues.

The...
View More

View More Answers

1 Answer | Asked in Criminal Law, Domestic Violence and Gov & Administrative Law for Florida on
Q: What happens if I can't attend my Maryland court date from Florida for a restraining order case?

I was charged by my family for allegedly breaking a temporary restraining order, which was done in retaliation after my son's father was jailed for abusing me in front of our child. Since then, I've established a good relationship with my son's newborn brother's mother. My... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

If you cannot attend your court date in Maryland due to financial and transportation issues, it’s important to address the situation as soon as possible. Missing a court date, especially for something as serious as a restraining order violation, could result in a default judgment against you,... View More

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.