As the petitioner in Duval County, Florida, I'd like to have a temporary injunction dismissed. I filed a motion to do so before the hearing, but it was denied. At the hearing, I plan to ask for dismissal on the grounds that the Respondent has voluntarily performed all of the requests in the... View More 
want to use the person who made the defamatory remark my friend and I read to backtrack to the source and prove my ex, who placed a restraining order against me, did so with malice, with the purpose of causing harm and then continued to abuse me by spreading lies about my person. I was ill prepared... View More
answered on Apr 12, 2024
A victim wouldn't have standing to appeal the results of a criminal case. Also, the time to appeal has no doubt passed. Finally, you should have asked this in the Virginia sub-forum.
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answered on Apr 6, 2024
If it goes to trial, you will need to have witnesses to the DV incident or incidents, Records from cases that was dismissed are hearsay and therefore not admissible.
Other parent who happens to be the abuser?
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answered on Feb 21, 2024
If there's a criminal case pending there's likely a "no contact" order in place, which should protect you during the pendency of the case. However, on the civil side, there may be a custody/visitation decree from a court that you should be mindful of and not violate. All this is... View More
An injunction was dissolved due to DCF failing to consider relevant information regarding ongoing alcohol use when determining the dissolutions and allowed the dissolution of injunctions in place to protect my son and his brother from their stepdad. The stepdad's history consisted of sexual... View More
answered on Feb 8, 2024
Aside from the criminal issues that you raised, you as a guardian for your children may be able to bring a lawsuit against both the stepdad and any other adult who could have or should have stopped the abuse but did not. Stepdad’s rental or homeowners insurance policy could be a source of... View More
My spouse served me with divorce papers after I put a temporary injunction on them. Currently I am occupying the marital home and have full time-sharing/custody of the children (due to temporary injunction). If I voluntarily dismiss the temporary injunction, will my spouse be able to come/go from... View More
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answered on Feb 2, 2024
You need to address these issues with the judge that is handling your divorce case. If there are no court orders to the contrary than you continue to share the children and the house. Speak with a local family lawyer for more specific advice.
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?
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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.
They had another inmate contact someone outside of jail & gave them my cell & work phone numbers as well as my address of where I work/live to contact me to pick up their things for them while they were incarcerated. This person didn't know me or the defendant. That 4th party, called... View More
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answered on Jan 28, 2024
In Florida, if there is an order of protection in place, any attempt by the inmate to contact you, directly or indirectly, could be considered a violation of that order. Using a third party to communicate, especially if it involves harassment or intimidation, is typically seen as an indirect method... View More
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
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.
I had to write a letter and that's it am I still barred from firearm ownership
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answered on Jan 12, 2024
In Florida, the laws regarding firearm ownership are specific about who can and cannot possess a firearm. Generally, a conviction for domestic violence can disqualify a person from owning a firearm. However, your situation involves a juvenile record and participation in a teen court program, which... View More
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.
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
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
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
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
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answered on Nov 1, 2023
There are some limits on the First Amendment rights of criminals. For example, criminals cannot use their First Amendment rights to incite violence or obstruct justice. Additionally, criminals may be restricted to their First Amendment rights while in prison or jail.
Unfortunately, due to... View More
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.
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.
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answered on Oct 16, 2023
Whether or not you can get your record expunged for domestic violence charges that were dropped in Florida depends on a number of factors, including the specific circumstances of your case, the severity of the charges, and your criminal history. For personalized legal advice tailored to your unique... View More
Home in his name only. Do not trust him!
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answered on Aug 7, 2023
As long as the house is a marital asset, which it sounds like it is, the court will order the equity to be divided as part of equitable distribution. You will each have the opportunity to buy the other out or else the property will be sold. Speak with a local family lawyer for more specific advice.
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
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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.
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
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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.
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