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Florida Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: What VAR stand for in court?
Kevin John Mawn
Kevin John Mawn
answered on Sep 11, 2018

It is difficult to tell unless you put the abbreviation in some context.

3 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: Why do I have a Battery arrest on my juvenile record, but wasn't ever arrested?

Was back in 2004. I am 26 now and about to be 27. I was in the military and got out with a honorable discharge. I recently applied to corrections here in Florida. My background came back and said I have this on my record? The situation occurred when I got into a fight with another juvenile after... View More

Kevin John Mawn
Kevin John Mawn
answered on Sep 6, 2018

If you feel the charge is unjustified, you will need the assistance of a lawyer to correct or expunge your criminal history. Assuming you were never given a notice to appear for battery, this could be the case of identity fraud.

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1 Answer | Asked in Domestic Violence for Florida on
Q: do you help remove warrants

my husband obtain a warrant last year due to his children mother making false allegations and i was wondering if a lawyer could help me in getting it removed? without him serving any time in jail due to him starting a new life and making good choices like going to school, becoming a dad to our new... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 23, 2018

Contact an attorney in your area who practices criminal law.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Florida on
Q: My son father verbally told me he will keep my son from me (never married) can he do so??

We recently had a DV case in the police report it says that he threatened to keep the Baby. I hear some police office will not return the Baby with the mother if they feel the child

Is ok? What can I do if that happens??

Never been to court.

Deborah Annette Carroll
Deborah Annette Carroll
answered on Aug 20, 2018

You can file a motion to establish paternity, custody, time sharing and child support. In that petition, you will need to request that the child resides primarily with you the majority of the time. Some police officers will not return a child without a court order. Once you get an order from the... View More

1 Answer | Asked in Criminal Law, Immigration Law and Domestic Violence for Florida on
Q: I’ve been a green card holder since 2007. My green card expires in less than 3 years. I’m married to a US citizen.

I’ve been a legal resident since 2007. My green card expires in 3 years. I’m married to a US citizen for 5 years. We have a child who’s 10 months old. I was arrested for child abuse in Dec of 2017. However the state attorney in FL didn’t file formal charges as long as I complete my civil... View More

Hector E. Quiroga
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Hector E. Quiroga
answered on Aug 17, 2018

We strongly suggest you seek an attorney’s counsel in your case. Depending on the statute, under which you were charged/pled, you could have some serious issues regarding your ability to remain in the United States. Getting your records expunged or sealed would do you no good, because the... View More

1 Answer | Asked in Domestic Violence for Florida on
Q: My parents have been married for 58 years and my Dad has recently been mentally and emotionally abusing my Mother.

She's afraid to leave because it would be considered abandonment. I say it would be best for her to leave for her mental and emotional health. What is the law in GA for this type of abuse?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2018

Why don't you ask this question in Justia › Ask a Lawyer › Georgia ›?

1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Domestic Violence for Florida on
Q: Can I amend lawsuit that's been filed already and get a default judgment?

I filed a lawsuit against my ex for assaulting me and causing me to have a spinal cord injury. He had a deposition and then I tried to mediate and he never responded. Now it's been 6 months and not a word from him. Can I file for a default judgment? The other question I have is that after I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 6, 2018

You have a choice: either go for a default judgment; or amend your complaint, get him served with the amended complaint, and see if he responds to that. You cannot file another lawsuit for the PTSD; it would normally be considered part of your first lawsuit.

1 Answer | Asked in Adoption, Child Support, Domestic Violence and Family Law for Florida on
Q: Child custody/kidnapping

If the father of the child takes the child away from the mother without good reason, in florida, is that against the law? Is it a felony? He intentionally cut off all contact between the mother and the child. The mother has not been able to find the child because no agencies will help her, due to... View More

Shiobhan Olivero
Shiobhan Olivero
answered on Jul 26, 2018

More information is needed to properly answer your question. You should contact an attorney and go to a confidential consultation to review your options.

3 Answers | Asked in Civil Rights, Criminal Law and Domestic Violence for Florida on
Q: Can I Retract statement to police.

I made a police report against my bf for battery but the more I replay the day in my head n watch the video I see it was just an accident. He's been arrested for the incident I don't know who i can contact to drop the charges or retract my statement made to police.

Gary Kollin
Gary Kollin
answered on Jul 19, 2018

Contact his lawyer

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1 Answer | Asked in Domestic Violence and Immigration Law for Florida on
Q: Domestic violence case in florida not pursued/dropped due to life threatening and threaten not reported

Domestic violence case in florida was not pursued / dropped by an immigrant on h4 visa due to life threatening and the threatening was not reported due to fear

Can a complaint to police be filed later when the victim gains some confidence to report?

The marriage based green card... View More

Carl Shusterman
Carl Shusterman
answered on Jun 17, 2018

If the husband is convicted of domestic violence, he could be placed in removal proceedings before an Immigration Judge.

1 Answer | Asked in Domestic Violence for Florida on
Q: Can Someone Legally Obtain a Retraining Order Against a Pro-Se Litigant in Order to Avoid Being Served with a Lawsuit?

I am a Pro-Se Litigant who prepared a Cease and Desist Demand letter pertaining to a potential Defamation Action in accordance with Section 770.01 of the Florida Statutes and had it served via US Certified Mail on the other Party. Instead of responding, they filed a Petition to obtain a restraining... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 21, 2018

It's difficult to answer without seeing the text of their petition; but it seems that a motion to dismiss might be appropriate. The grounds would not be perjury (which would involve some sort of fact-finding by the court, but rather failure to state a claim.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: IF THE PROBATION DEPARTMENTS INTEVIEWS YOU BEFORE SENTENCING ARE THEY THINKING ABOUT PROBATION INSTEAD OF JAIL TIME?

AGRAVATED CHILD ABUSE FOUND GUILTY OF 827.03 2A THE PLAINTFF IN THIS CASE IS A TROUBLED CHILD WHO LIE'S FOR ATTENTION. THE DEFENDAND SPANKED HER. AND THE CHILD, A FULL DAY LATER SELF INFLICTED MARKS ON HER BUTOCKS. AND BLAMED THE DEFENDANT. SO THE DEFENDANT PLEADED NOT GUILTY. THE PLAINTIFF ,A... View More

Michael Celso Gonzalez
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Michael Celso Gonzalez pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2018

It is difficult to say. Your attorney should ask them directly what their recommendation is in order to be properly prepared for sentencing. Also, what the probation department's reasoning is so that you may have an appropriate counter argument and are not caught by surprise.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: What is the average price for a lawyer to handle VOP charges? Who is the best VOP attorney in Broward Co., FL?
Michael Celso Gonzalez
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Michael Celso Gonzalez pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2018

You need to ask the "how much" question only after you have interviewed a number of lawyers in person. If anyone gives you a price quote over the phone don't hire them.

1 Answer | Asked in Domestic Violence for Florida on
Q: 18 year old hypothetically fighting a 16 year old

I'm 18, and let's just say that a 16 year old came up to me. Wanting to start an altercation. If the 16 years old starts to approach me in a violent manner or maybe starts punching/kicking me. Would I be able to defend myself and not worry about getting any real trouble from law enforcement.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 27, 2018

Yes, you can defend yourself with comparable and reasonable non-deadly force. I don't see what the respective ages of each of you has to do with it.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Florida on
Q: Is it considered an emergency if a place an motion in The court For visitation Modify?

I was granted an injunction against my daughter father for domestic violence back in 2015. The judge gave him supervise visitation at the center and the supervise visitation center close down . so my daughter father took me back to court On jun 2nd 2016. And he was granted supervise visitation with... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 26, 2018

Only the judge can decide if it is an emergency. It is up to you to notify the court about what has happened.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: What happens to me if i dont appear in court as a witness
Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 16, 2018

If you were served with a subpoena, you can be made to explain to the judge why you shouldn't be held in contempt of court.

1 Answer | Asked in Divorce and Domestic Violence for Florida on
Q: Am I still considered a resident of Gadsden County even though I left my husband two and one half months ago?

I want to file for divorce. Do I need to return to Quincy to do that? Can I get legal advise from an attorney nearby?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 13, 2018

You can get legal advice regarding such a divorce from any Florida attorney. And venue would be proper in that county if either of you is a resident there.

1 Answer | Asked in Child Custody, Child Support, Divorce and Domestic Violence for Florida on
Q: Hi my daughter is three years old. And her father took me to court jun 2, 2016 for visitation with the child.

I have a permanent rastaining order against him due to domestic violence. The court modified my restraining order an gave him 4 hours of supervised visitation with his mother 3 days out the week so we only communicate through the court wizard which he never communicate with me about picking up my... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 4, 2018

You need to return to court for a modification. Based on these facts it sounds like you can minimize the father's contact. Instead of full custody you need to r=think in terms of timesharing. Children are shared in Florida.

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Florida on
Q: Unwed, pregnant, also have 1 y/o baby, and I’m in an abusive relationship. What happens if I move out of state?

I don’t have a safe environment to live in here and the only support I have is with my mother, who lives out of state. I have no finances, no vehicle, nothing to my name. Will the court grant him joint custody?

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 2, 2018

Unless and until there is a court order on timesharing and parental responsibility the mother can move wherever she wants to. If and when he goes to court he will be granted "timesharing" meaning that you and he share the child and he has a right to specific time.

1 Answer | Asked in Domestic Violence for Florida on
Q: I am in The Villages, Florida. I am 67. Must leave abusive marriage. Can I go to Texas without abandonment
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 27, 2018

What do you figure "abandonment" would be and the consequences of it? Yes, you can leave your spouse and leave the state.

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