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Florida Domestic Violence Questions & Answers
1 Answer | Asked in Civil Litigation, Domestic Violence and Landlord - Tenant for Florida on
Q: My son has been living with his g/friend for 5 yrs. He ended the relationship on 9-14, and gave her to 10-1-17 to move.

My husband and I are both retired from law enforcement and are aware of the eviction law in Florida. The problem, other than the money involved in eviction, is that the cases are usually so backlogged, the judges usually have eviction cases on their desk for up to a month before rulingand my son... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Oct 5, 2017

You did not ask a question. You give a set of facts but no question.

You state you know the process so nothing to do but get to it.

Good luck.

1 Answer | Asked in Domestic Violence, Family Law and Divorce for Florida on
Q: My husband was arrested for domestic violence he was bonded out and I dont know whats going on I Havent heard anything

I have been staying with my parents unable to retrieved my things or return home because I do not know if the is a no contact order in place and need some legal advice. Do I need to obtain a lawyer to legally get my personal property and to see what happens with our children? Thank you

Mr Eric Klein
Mr Eric Klein
answered on Sep 20, 2017

Go to the police station where he was arrested to see if a no contact order was issued. If so, obtain a copy. Then, ask for a police escort home to get your things. Next, you should immediately appear at your local courthouse and apply for a restraining order. Once issued, that should get you back... View More

1 Answer | Asked in Domestic Violence, Family Law and Legal Malpractice for Florida on
Q: Is it legal for my soon to be ex husband to retain my defense lawyer for his present domestic violence case?

I was convicted about 1 1/2 yrs ago. Right now I have a domestic violence case against my husband and he has retained the same lawyer that represented me. I gave that lawyer lots of very personal detailed information about myself and about him. Is this legal for the same lawyer to represent both... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 30, 2017

It indeed appears that the lawyer has a conflict of interest which would preclude him from representing your ex in the DV case.

1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Florida on
Q: My ex husband is always late with child support payments, whats the best thing to do in this case?

My ex is late with payments and not consistent with the time sharing of our son, he doesn't want to pay but he demands my son the days and weekends he wants to have him not following court papers,since he doesn't live in FL. Can I go back to court and ask for full custody? What would... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 29, 2017

In Florida you have a right to an income withholding order, which would deduct the child support directly from his pay check. If he demands the child when it is not his time per the agreement then you can say no. If this is a consistent problem then you can go back to court for help. It is not... View More

1 Answer | Asked in Domestic Violence for Florida on
Q: Husband committed domestic violence towards me for first time ever. Can I file a police report without pressing charges?
Michael Eugene Zmijewski
Michael Eugene Zmijewski
answered on Aug 21, 2017

Once you file a police report, it will be up to the law enforcement agency to determine whether to submit the report to the Office of the State Attorney. If they do, and if upon review the State believes that there is sufficient evidence to file charges, they will be able to do so at that time.

1 Answer | Asked in Domestic Violence for Florida on
Q: I have a restraining order on my ex. If I walk into an establishment and he is there. Would he have to leave?

He is to stay 500 ft from me. 100 ft from my cars and is not alliwed at my home or work place or within 500 ft of that as well.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 12, 2017

Probably so, assuming he knows you are there.

1 Answer | Asked in Uncategorized and Domestic Violence for Florida on
Q: I got into an verbal arguement in public and we were insulting each other her hand was near my face

I thought she was going to hit me so I hit her hand away from my face, can I get sued for that ?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 9, 2017

Was her hand injured? If not, it doesn't appear that you could "get sued" (as a civil case), because there would be no damages. However you might be charged with a criminal battery.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Florida on
Q: Do I have to file an injunction. Feel like I'm being forced to do so.

Last fri. my boyfriend punched my arm. My child was not at home that night. The next night I was slapped, my son was in bed and herd it. I got my son up and we left the house. I went up the street and called the police. Because I had my son (not my boyfriends child)with me they contacted dcf. The... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 26, 2017

You wouldn't "file an injunction" in any event; you would file an application FOR an injunction, asking the court to issue such an injunction.

But I agree with you: I don't see any need for an injunction. Ask the case worker why she is insisting on an injunction.

2 Answers | Asked in Family Law, Criminal Law and Domestic Violence for Florida on
Q: Will an injunction force a family member out of the home?

My mother has stage 3 lung cancer and my 31 year old sister has battered my mother. She resides in my mother's home. My mother wants to file an injunction against her, but is afraid that she will still be in the her home. So, my question is if the injunction is granted, would my sister have to... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 26, 2017

If a temporary injunction is granted then she will be ordered to leave the house.

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1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: If my husband is in jail for dv against me can i still visit him in court
Rand Scott Lieber
Rand Scott Lieber
answered on Jun 9, 2017

Presence in court is an exception to a domestic violence injunction. I am not sure it is considered a "visit" but you can both be in the courtroom together.

1 Answer | Asked in Domestic Violence for Florida on
Q: What consequences if i plea the 5th when subpeonad to testify against my wife
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 5, 2017

You can only "take the Fifth" if your answers would tend to incriminate you. The judge can order you to answer, unless you could possibly be charged with a crime as a result of your answers.

1 Answer | Asked in Domestic Violence for Florida on
Q: Can i be forced to testify against my wife in a domestic assault case in which i was the one assaulted? I dont want to

Yes i was assaulted but dont want to be responsible for anymore distress towards my wife. We both went through counseling and worked out alot of our issues. We have 2 kids and have lived together throighout this ordeal.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 5, 2017

if you are subpoenaed you can be forced to testify.

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Florida on
Q: I am having trouble approaching attorneys to ask for help- I have been abused in the past, have self esteem issues-how

do I go about getting someone to represent me- all the attorneys are supposedly "caring" and understanding of "how rough it is to be in my position" but no-one has yet helped me....when I ask why I am being turned down the reply comes back , "you are rude" that is not... View More

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on May 31, 2017

Are you looking to hire an attorney or representation for free? That may have something to do with it, however, you should be treated with compassion either way.

1 Answer | Asked in Civil Litigation, Domestic Violence and Landlord - Tenant for Florida on
Q: If a person went to jail for domestic violence and battery and my residence this person's house and they have a no

Contact with me and he can't come back to his house can he still evicte me from his house

Andy Wayne Williamson
Andy Wayne Williamson
answered on May 28, 2017

Your right to remain at that property is based upon your legal status as either an owner of the property or a legal tenant. If you are not an owner or do no have a valid lease. It is my opinion that you can be evicted legally.

1 Answer | Asked in Domestic Violence for Florida on
Q: I have video evidence that the accusations against me are false how do I submit that in a broward county courthouse
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 23, 2017

Every courthouse, probably every courtroom in every courthouse, has different procedures and equipment. It would be best if. several days before the hearing, you arranged with the clerk of court to familiarize yourself with the equipment. You should also be prepared to have someone (either... View More

2 Answers | Asked in Real Estate Law, Divorce and Domestic Violence for Florida on
Q: Bought home in 2012. Married out of state resident in 2015. 2016, she says she is required to be a property owner in FL

before she will be allowed to move her minor children out of state. With great reluctance I add her to the deed. She lived here for 4 months. She paid 0 towards mortgage, utilities, household expenses, etc. She still owns a home out-of-state. At that time I obtained a restraining order because she... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 10, 2017

Her attorney will argue that you (foolishly, it appears) gave her a half interest in the home and therefore pursuant to principles of property law (as opposed to divorce law) she is entitled to half of the full value. But hope that your attorney can persuade the court that your attorney's... View More

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1 Answer | Asked in Domestic Violence for Florida on
Q: How can I know if a domestic violence case was closed? Are there any public records?

I'm the victim and this happened over 2 years ago.

The state took over the case and as far as I know it keeps dragging on. I just want to move on with my life and emotionally heal. I would like to be done with this once and for all. Since the state can subpoena me to go in to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 1, 2017

Public records of documents filed in such cases are available online. Google "Clerk of Court ____ County, Florida".

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Florida on
Q: My husband sexually assault me, what should I do? Please help!

My husband had drugged me and put a pointy metal object in my anal cavity that I discovered the next day , I was naked bb I was naked the object fell and I had blood. What should I do? Please help!

Heather  Bryan
Heather Bryan
answered on Apr 26, 2017

Just because you are married does not mean that you cannot be sexually assaulted. This sounds like something that should be reported to the police immediately.

1 Answer | Asked in Domestic Violence for Florida on
Q: How to file a restraining order again child who threatened my child?

Bully child- age 8- threatened death with "her daddy's gun" to my daughter- age 7- at their shared elementary school. Since the school/school district have refused to remove girl from school, how do I get a restraining order against her? What would the school's obligation look... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 23, 2017

Expulsion from school is not the only remedy that the school has available. The bully, and her parents, should be talked to and perhaps the bully should be disciplined.

To answer your question, you would hire an attorney, who would file an application for such a restraining order with the...
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3 Answers | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for Florida on
Q: How to get my ex girlfriend out of my house in own in Alachua County Florida

I own my home my ex girlfriend is living there.The relationship has gotten so bad I have asked her to leave. She refuses she has said your not getting me out that easy.she don't want it to end but I do. I have no battery charges in the past..since she doesn't want to leave she called the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 22, 2017

You indicate that you "... don't have a lot of money for a bunch of court stuff ...", and at the same time ask if you can "fine an injunction". Filing an application for an injunction (or order that she leave) is indeed "court stuff", and that's probably what you will have to do.

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