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Florida Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: can judge do a jury trial after defendant has already plead guilty on there own
Terrence H Thorgaard
Terrence H Thorgaard
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.

1 Answer | Asked in Family Law, Personal Injury and Domestic Violence for Florida on
Q: Is there a way to sue my parents, as well as my mother's second ex husband, for damages from abuse?

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

Charles M.  Baron
Charles M. Baron
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

1 Answer | Asked in Domestic Violence, Personal Injury, Civil Litigation and Criminal Law for Florida on
Q: I was a victim of domestic abuse several times. What is the clause I can sue exwife for it?

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

Charles M.  Baron
Charles M. Baron
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

2 Answers | Asked in Criminal Law, Domestic Violence, Federal Crimes and Civil Rights for Florida on
Q: does a criminal have a right to the first amendment?
T. Augustus Claus
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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...
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1 Answer | Asked in Criminal Law, Domestic Violence and Elder Law for Florida on
Q: Can I be arrested for driving a car that my exfiance supposedly bought for me 13 years ago?

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.

Terrence H Thorgaard
Terrence H Thorgaard
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.

1 Answer | Asked in Domestic Violence and Criminal Law for Florida on
Q: Can I get my record sprung for domestic violence charges but they where drop
T. Augustus Claus
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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

1 Answer | Asked in Divorce, Arbitration / Mediation Law, Domestic Violence and Family Law for Florida on
Q: Myself & spouse have lived in home 27 years. If I file for divorce will he be made to sell home in St Pete and split the

Home in his name only. Do not trust him!

Rand Scott Lieber
Rand Scott Lieber
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.

1 Answer | Asked in Divorce and Domestic Violence for Florida on
Q: In relation to divorce due to domestic violence

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

Rand Scott Lieber
Rand Scott Lieber
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.

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Florida on
Q: Both my partner and I have restraining orders against his ex for stalking, both orders in place for the past four years.

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

Rand Scott Lieber
Rand Scott Lieber
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.

1 Answer | Asked in Domestic Violence for Florida on
Q: Does cyber harassment fall under dating violence ?

I recently filed an injunction against my ex. A majority of the reason is him posting things about me online to humiliate and embarrass me. When I filed , I was told “the computer” chose dating violence, but I’m wondering if dating violence covers the online harassment as well as showing up... View More

Todd B. Kotler
Todd B. Kotler
answered on Jun 19, 2023

You need to actually invest in a conversation with an attorney in your county who practices domestic relations and domestic violence law. Your answer is going to depend on the specific language of the injunction and the specific text of the online statements the respondent has made.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Domestic Violence for Florida on
Q: I'd like to get information on obtaining a pro bono attorney for my case if possible.

I currently have a restraining order placed on me two years ago, but the other party has been contacted me, and even visited my apartment. I feel that the restraining order is unjustified,as the other party can't prove they fear for their life .

Destardes Moore
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Destardes Moore
answered on Jun 17, 2023

You may be able to file a Motion to Dissolve the Injunction. You should consult with an attorney regarding the specific facts of your case to determine if you meet the burden required to dissolve the injunction. Contact your local legal aid center for assistance.

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: I was granted a temporary order against en ex.

I'm in Florida and am going through a pretty tumultuous break up. This was part of a series of mental health crises where I experienced some very unsafe thoughts.

As a result, I lashed out at him in the midst of a crisis.

He has shown up to my house several times unannounced.... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 9, 2023

Step one is make sure that he is served with the temporary injunction. You (or the Sheriff) can contact the probation officer directly. They may or may not be able to tell you the possible consequences of a probation violation. You may also be able to report his behavior directly to the police.... View More

1 Answer | Asked in Child Custody, Divorce and Domestic Violence for Florida on
Q: Can I hire a lawyer in FL when I live out of state? We have a minor together am I able to take my child out of state?

Can I take my child out of state, if a restraining order is on me from my soon to be ex wife? I haven’t seen my child in a couple of months.

Todd B. Kotler
Todd B. Kotler
answered on May 31, 2023

You may hire a lawyer in one state, even if you live in another. You really should since you appear to be subject to a restraining order which may be controlling over your parenting rights until you can get an order more specifically setting out those rights. The specific language of the... View More

1 Answer | Asked in Civil Rights and Domestic Violence for Florida on
Q: If there is a civil case of sexual abuse why haven’t the accuser’s arrest yet
Stephen Arnold Black
Stephen Arnold Black
answered on May 23, 2023

More facts would be needed to know. Schedule a free phone consultation with an attorney here in Florida.

1 Answer | Asked in Domestic Violence for Florida on
Q: If someone comes to my property and damages my home and vehicle, Can I sue for harassment to cover the damages?

This person beat my door with a hammer, Shattered my room window and has been sending me messages impersonating officers, Threatening me, Sending other people messages and threatening them using my name.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 3, 2023

First, report it to the police. Then make a claim with your homeowner's insurance company. If they pay your damages, they probably will file suit against that person for the damages, including the deductible. It will not be necessary to sue for "harassment", as such.

3 Answers | Asked in Real Estate Law and Domestic Violence for Florida on
Q: I am a mother with 2 children and co-own a home and land with my current boyfriend. He is not their father. We co-own

a home and both of our names are on the deed and mortgages. He has become increasingly more emotionally, verbally, and mentally abusive so I am trying to move out but I have nowhere to go. I have invested thousands of dollars in this home and I cannot financially afford to live on my own without... View More

Phillip William Gunthert
Phillip William Gunthert
answered on May 3, 2023

While the action you would have to pursue is a Partition Action, which will cost both of you substantial legal fees most likely, I would advise impressing this upon him and reaching some reasonable refinance, buyout or similar resolution without having to resort to litigation for Partition. If this... View More

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1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: I had a TRO filed against me by a spiteful ex, if I have proof her claims are exaggerated/false will it be dismissed?

This is in the state of FL. Petitioner makes several claims that are false and a few that are exaggerated highly. It is for dating violence when in fact there has been none whatsoever the relationship was toxic certainly but NEITHER party was violent towards the other. I have a hearing soon where I... View More

Pamela J. Fero
Pamela J. Fero
answered on Mar 8, 2023

To have the TRO dismissed, you will need to present evidence that the allegations made by your ex are untrue or exaggerated. Evidence could include witness statements, photographs, text messages, or any other documentation that can help to prove your case.

You will need to file a motion to...
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1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: If I file a report against someone online but they say I have to have a deputy respond, can I refuse?

I filed a report against my ex for hitting me online they responded saying g I has to have a deputy respond to file that type of report but I would rather not upset our son any more thinking his dad will go to jail can I refuse since my ex has not contacted me since the incident ?

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 19, 2023

If you want law enforcement to pursue anything then you will have to either make a report at the station in person or have a deputy come to you. If you do not want to pursue it further then you don't need to do anything else. Speak with a local lawyer for more specific advice.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: I called 911 to have an intimate partner removed from my property. I never mentioned anything about a physical

Altercation. She has left within seconds of being connected to 911 but they sent officers anyways. When they arrived they noticed an injury and asked about it. I was honest and told them that it happened during the altercation but didn't want to press charges. They took pictures and The state... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 17, 2023

Yes, they can file charges; they don't need your permission.

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Florida on
Q: What firearm restrictions r put an individual convicted of a misdemeanor domestic violence in CA that now resides in FL?

My mom is married to a guy that hit her and was charged with Domestic violence in California. They stayed together but shortly afterwards lost their home in the Paradise CA fire and now live in Florida. My sister once took his guns away when he was suicidal and never reported it. We know he's... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 5, 2023

No, your mom is not prohibited from purchasing firearms just because her husband has been convicted of a California misdemeanor involving domestic violence. If she acquires the firearm with the intended purpose that he has access to it, she would be committing a felony; see Florida Statute... View More

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