Get free answers to your Domestic Violence legal questions from lawyers in your area.
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
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.
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
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
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
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.
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
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
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.
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.
I thought she was going to hit me so I hit her hand away from my face, can I get sued for that ?
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.
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
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.
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
answered on Jun 26, 2017
If a temporary injunction is granted then she will be ordered to leave the house.
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.
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.
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.
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
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.
Contact with me and he can't come back to his house can he still evicte me from his house
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.
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
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
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
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
answered on May 1, 2017
Public records of documents filed in such cases are available online. Google "Clerk of Court ____ County, Florida".
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!
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.
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
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... View More
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
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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