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Florida Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Can a person with a pending court case for battery get a no contact order against the accuser?

My friend has a pending case for battery. However the accuser instigates every situation. Then will say he wants to talk it out only to pick a fight and then call the police on my friend. He calls, texts, emails, and shows up at his job saying that he is going to get my friend fired. But when the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 16, 2022

Obviously, your friend would be wise to not continue to meet up with the accuser. Problem solved.

0 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: Is a direct file the same as an arrest?
1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Did my friend violate her no contact order if the person contacted her first.

My friend has a no contact order against her in Citrus County, Florida from her ex boyfriend. He repeatedly found ways to contact her even though she blocked him. He eventually told her he dropped the no contact order. So she talked to him and eventually moved back in with him. Well when she found... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 3, 2022

She should immediately report the situation to the court. If he still has her phone, but she was able to tell you about it, I suggest you contact the state attorney and the court (i.e.: the judge's judicial assistant)..

0 Answers | Asked in Family Law and Domestic Violence for Florida on
Q: What is the form I need to file to prevent respondent from repeatedly filing motions that get denied?

Ex is abusing me through court system

0 Answers | Asked in Civil Rights, Elder Law and Domestic Violence for Florida on
Q: How can I reclaim my civil right to law enforcement services.

All based on being set up by the man abusing me (emotionally & physically) for the purpose of avoiding arrest. Over 30 incarcerations in 3 years. The trauma was so intensive I was hysterical by the time police arrived & was baker acted. Arrested twice for scratches on his arms. Police &... Read more »

0 Answers | Asked in Domestic Violence for Florida on
Q: Is there a law protecting me from getting thrown out of my fiance's house just because she is angry?

I've been living with her at her house since July of 2021. I've changed my driver's license to our address and receive all of my mail there. I've never hit her or done anything that would warrant her to kicking me out. She just assumes I fell out of love and insists on throwing me out to hurt me.

2 Answers | Asked in Domestic Violence for Florida on
Q: Firearm Surrender Hearing issued from another state, what do I do? I cannot attend.

An injunction has been placed onto me from another state, now I must attend a firearm surrender hearing that I cannot attend. It is across the country. I have no firearms to forfeit, is it possible to simply mail in the statement? If I don't attend, will a warrant be issued for my arrest in... Read more »

Ronald Lawrence Frey II
Ronald Lawrence Frey II answered on Apr 6, 2022

I suggest consulting with attorneys within the jurisdiction where the hearing is scheduled to take place.

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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: If you file a r/order and it is voluntarily dismissed in court, can the respondent file one against you, same incident?

The judge ruled that everything would be thrown out and that we should just get divorced. We both agreed and she has now filed a restraining order against me over the same incident that was thrown out. Please help.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 1, 2022

It depends on the facts alleged in the first case, but it is quite possible that she could indeed get a restraining order.

1 Answer | Asked in Civil Litigation, Criminal Law, Domestic Violence and Family Law for Florida on
Q: Family Law Prose What motion can I file to ask the judge to skip mediation due to domestic violence and other issues?
Jane Kim
Jane Kim answered on Mar 14, 2022

Not enough info to answer the question.

Do you have an order of protection? A motion is a request, so file a Motion to cancel mediation or just call it a Motion and then in paragraph format state what it is you want and why. Try setting it for a hearing before your mediation date.

Good luck.

1 Answer | Asked in Domestic Violence and Wrongful Death for Florida on
Q: In florida can I request an autopsy of my mother since I'm next of kin. There are legal reasons behind the matter

My mother was brutally beaten by her husband now ex. This took place less than a year ago. My mother was very healthy until he had beaten her and she was hospitalized. She had neurological damage, bleeding of the brain etc. I want to have an autopsy done to find the cause of death so that if it was... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Mar 8, 2022

First, I would file a police report with the local agency who investigated the assault to put them on notice that your mother has died and you believe that it was caused by the first assault. There is a year and a day rule that most jurisdictions follow that establish that if a death occurs within... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: My wife suspects me of cheating & hits me multiple times in the face, withdraws 15k & accuses me of abuse. What’s next?

I have pictures of the bruises on my face of that day. I did not call the police, and I did not want to charge her. But she is telling the police I hit her when I merely grabbed her hand to stop hitting me. I later found out she withdrawn money from my account. All of this happened when I told her... Read more »

Michael Ferrin
Michael Ferrin answered on Mar 13, 2022

You did not mention what the hearing was about so I cannot give you insight on that. I do recommend that you file for divorce as soon as possible.

1 Answer | Asked in Domestic Violence for Florida on
Q: what can i do when a no contact order is violated but police wont make an arrest

a nieghbor came on to my property and smashed my camera with a bat it was a perfect recording so a plea and probation with no contact with victim. So I got another video of him 6 months into it at the fence antagonizing my dog with a shovel handle when I walked out there videoing with my phone he... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 16, 2022

Yes, you should be able to get the judge to order that your neighbor show cause why he should not be held in contempt of court.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for Florida on
Q: Did my lawyer have conflict of interest against my x who stated in court that they have been good friends last 10 yrs?

We went to court twice. My lawyer called my x into the hall to talk before he even acknowledged me both times. Permanent DVI hearing, my lawyer has nothing of mine to present to the judge. No pics of all the bruises, no police rpts, nothing. My Permanent DVI was denied. CPS requested emergency... Read more »

Michael Ferrin
Michael Ferrin answered on Mar 13, 2022

The Florida Bar has an ethics hotline that you can contact anonymously and ask if there was a conflict of interest. Just google Florida Bar Ethics Hotline and you should be able to find it.

1 Answer | Asked in Domestic Violence for Florida on
Q: If you are out on bond for Domesticviolence in one county and get charged for same in another can the bond be revoked?

and if no! can the charges be dropped for the second charge? and if Yes! how can someone go about getting it done?

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 5, 2022

It would depend upon the terms of the bond agreement. Why would the authorities agree to drop the charges for the second offense? But it wouldn't hurt to see an attorney about trying to get it taken care of.

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: I need legal advice on custody and what to do against an abuser

I moved from the state of NY with my 4 month old to FL to live with my parents. I ran away from an abusive relationship and needed to leave. I change Babies pediatrician and transferred all our benefits and address. My ex is a drug abuser, mentally and physically abusive and I never called the cops... Read more »

Michael Ferrin
Michael Ferrin answered on Feb 14, 2022

In order to do anything here in Florida regarding custody, you need to have resided in Florida for at least 6 months with your child. Based on your details, it appears that NY currently has jurisdiction until you have met the residency requirements in Florida. Once you have met the residency... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Would it be legal for someone being abused to drug their abuser to facilitate an escape?

For example, a woman slipping a sedative into her partner's water so she can escape while he is unconscious

Michael  Mayoral
Michael Mayoral answered on Jan 13, 2022

This is an oddly specific question. It may be illegal, and probably is. I can see that you're thinking of it in a "self-defense" sense, but it is not that clear and easy to be sure that the action is justified/"legal." In Florida, a person (Defendant) would be justified in... Read more »

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Florida on
Q: Abusive marriage

I'm stuck in an abusive marriage. I am trying to get away but have had trouble finding a lawyer to assist me and the children. He controls our money and finances (removed me from our joint accounts so I have no access) and does not give me access to any money. Now he's taking away my cell... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 31, 2021

You obviously used something, whether it was a phone or a PC to ask this question. Use that same device to contact your doctors and other people who might assist you. You need to file in court for divorce and, at that same time ask for a temporary order requiring your husband to pay, while the... Read more »

3 Answers | Asked in Domestic Violence and Immigration Law for Florida on
Q: I’m currently a temporary permanent resident and I’m married. However, my marriage involves a lot of emotional abuse.

None

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 26, 2021

You may do the following legal actions to retain levity and balance in your life:

1. Once you are physically threatened or abused call the police, make a police report documenting that abuse and domestic battery in applicable,

2. Go to the local criminal court and immediately file...
Read more »

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1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: Wanting court prodecure for contuining a hearing or case law ruling on length of time judge should wait before ruling..

Family law judge called a recess. Told us to go in the hall. He told my wife to get her story together due to crying and not making sense. I ran to the meter for my car and I swear I wasn't gone more than 5 minutes and can use Google maps to prove it but anyways the judge called our case back... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 8, 2021

If you try to appeal, you are not going to get very far unless you had a court reporter.

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