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Florida Domestic Violence Questions & Answers
2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: My childs father has a history of domestic violence. Is it parental alienation if i restrict time because Im worried?

There is no parental plan in place. His history of domestic violence is with me and his other childs mother. In both cases he abused in front of the children. Since I have been keeping him, his dad has been sending welfare checks every week to my house to intimidate me. I keep an open line of... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 24, 2019

If there is no parental plan (or custody order) in place, the father would have to go to court to get one. But you should seek one if the father doesn't.

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1 Answer | Asked in Domestic Violence for Florida on
Q: does discrimination in regards to relationship violence apply to sororities
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 15, 2019

I don't know what you mean by "discrimination in regards to relationship violence".

1 Answer | Asked in Domestic Violence for Florida on
Q: what is the typical cost to defend a first time domestic abuse client that has good chance of dismissal of case?

daughter needs representation for first time offense for domestic abuse against spouse, both were arrested because both said each other started the event. both have been released without bail and awaiting court date. My daughter was told to write letter to judge prior to case.

Ronald Lawrence Frey II
Ronald Lawrence Frey II
answered on Oct 31, 2019

I strongly suggest she contact local criminal defense lawyers in order to get quotes. Attorney rates vary. She should choose the attorney that is right for her. Although price is a consideration, she should find someone she is comfortable with. She should also consult with counsel prior to... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Can I get a restraining order on my sister who lives in another state. She harrasses my family and me and threatens us.

She makes false and damaging accusations and threatens to come to our home. She is a 1/3 owner of the property. We are selling Wich is what she wants. But still threatens us. We do not want her coming to the house

Henry George Ferro
Henry George Ferro
answered on Oct 16, 2019

If your sister is out of state, you will have some issues regarding the court's jurisdiction. If she comes into the state, it is a different matter.

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: Someone is making false accusations of a “physical argument “, telling me I WILL be sent to jail .What to do next ?

Recently got into a verbal dispute with my partners ex wife .

A few hours after this altercation a received a call from a cop .

He asked me for my side of the story , then he proceeded to tell that everything was okay and I was in no risk of getting arrested at that moment .... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 1, 2019

Do as much as you can to document the situation. Write down everything that has happened. Gather names of witnesses if any. Follow up with the police officer who called and tell them about the threats. Under no circumstances should you contact the person who you had the altercation with. Finally,... View More

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1 Answer | Asked in Divorce, Family Law and Domestic Violence for Florida on
Q: Can my wife use a public defender for one case and hire a private attorney for another?

Before my wife and I separated she was arrested for domestic assault, she was declared indigent and appointed a public defender even though she makes very good money and we have her pre-trial this week. Today I recieved notice that she has hired a private attorney and filed for divorce. My question... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 30, 2019

Although it looks like something might be amiss here, it might not be amiss. "Hiring" a divorce lawyer is not the same as hiring a criminal defense lawyer--nor any other kind of lawyer. On the other hand, people who falsify official documents just so they can get free representation--at... View More

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Florida on
Q: Can my husband legally keep me from moving into a home we were renting together before we separated?

Both of us signed a lease to move into a home on October 1st, however we have since separated and he has taken everything, the kids, all the money, cut my access to bank accounts and is now telling me if I show up to the new home on move in day he will have me removed by police? Is he legally... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 24, 2019

If your name is on the lease then you have an equal right to occupy the property. On the other hand I do not recommend having a confrontation. Based on what you are describing you need to consult with a local family lawyer and get in to court to protect your rights.

1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: My spouse and I were married in Tennessee for five years. I moved to Florida due to an abusive situation. Can I file
Rand Scott Lieber
Rand Scott Lieber
answered on Sep 9, 2019

You can file for divorce in Florida as soon as you have lived here six months with the intent of Florida being your home.

1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: A judge order family therapy for the victim and abuser of domestic violence.

My daughter is on her second probation for domestic violence against us. We have tried therapy in the past yet and know she does not respond to it. The judge order us the victims to attend therapy with someone we are genuinely afraid of. I asked for a review and the judge told us if I refuse... View More

Henry George Ferro
Henry George Ferro
answered on Aug 20, 2019

Time to hire a lawyer.

2 Answers | Asked in Domestic Violence for Florida on
Q: How do I (the “victim”) dissolve a Temporary Injunction for Protection Against Domestic Violence? So my bf can come home

My fiancé was arrested for domestic violence. I denied the right to press charges. At first hearing, the judge ordered a protection order where he cannot come home or be around me. How would I go about getting that dropped? We have been together 10 years and he has never been violent, it was a bad... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2019

File a motion reciting what you have said here, and ask for a hearing.

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1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Florida on
Q: How long does it take for a response after consulting with adults and contacting Florida abuse hotline before report IDs

My friend doesn't have a phone so I'm using mine to ask this question. Her biological parents lost custody of their kids over abuse and drugs her aunt and uncle won the case and this happened 9 years ago. Her situation of abuse started two years ago we reach out to every adult but... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 13, 2019

Your question is unclear. Response from whom, about what?

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Florida on
Q: An individual I am suing continually petitions for frivolous domestic injunction/restraining order.

What action can I take that will prevent this person from continually filing false reports and frivolous petitions for restraining order on me. The petitions are denied however the judges won't rule with prejudice so that I don't continue to lose time from work sitting in court. Adding... View More

Henry George Ferro
Henry George Ferro
answered on May 9, 2019

You can file a motion to have the court prohibit him from continuing to file frivolous petitions and motions.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Florida on
Q: Can a minor be questioned by the other parties attorney?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 29, 2019

You have not given us enough facts to opine. What kind of case is it? Why do they want to question the minor?

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: I want to know if I can handle a case that is from Ohio while I am here in Florida trying to get residency?

I have two cases in Ohio. A Domestic Violence Case and a Warrant for my Arrest for a missed court date. I am currently in Florida to try to better my life but I still have these two legal issues to take care of in Ohio. Is there anything that I can do to handle both of these cases in Florida... View More

Gary Kollin
Gary Kollin
answered on Apr 25, 2019

Retain counsel

1 Answer | Asked in Adoption and Domestic Violence for Florida on
Q: My husband and I were in a domestic violence relationship do I need his consent to put a baby up for adoption
B. Elaine Jones
B. Elaine Jones
answered on Mar 29, 2019

Yes if the baby was his child also. You will have to get his consent or he can stop the adoption. Without consent or court approval you cannot adopt out a child that belongs to both you and your husband.

Sincerely,

B. Elaine Jones, Esquire

1 Answer | Asked in Adoption, Domestic Violence and Family Law for Florida on
Q: If a judge orders a one-year supervised visitation and it is not followed can that be used in court as abandonment?

Me and my ex have one child together. Due to domestic violence we have separated and charges were filed. (2015) before actually having court for these charges while waiting I went and got a restraining order which was granted for one year along with one year supervised visitation for our son who... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 22, 2019

Such an argument could be made. He would still have to be given notice of a proposed adoption, however.

1 Answer | Asked in Domestic Violence for Florida on
Q: Me and my mom got into altercation she stated I pushed her and I stated I pushed her because she had a bat and I'm

I'm pregnant and my kids were there police were called no one was arrested or wrote a statement but since stories was vonficted on the report we both were charged with domestic violence what will happen next and will this be on my record

Andrew Lawrence Moses
Andrew Lawrence Moses
answered on Mar 14, 2019

I am not sure what you mean by charged if nobody was arrested. If the case is sent to the state attorney's office for review, a prosecutor will look over the report and decide if anyone will be charged. If you are concerned about being arrested, you should consult a lawyer in your area.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Is there a 10 day cool down period before you can file request for arrest after you've been assaulted
Andrew Lawrence Moses
Andrew Lawrence Moses
answered on Mar 14, 2019

No, if you are the victim of a crime you can immediately file a police report. The law enforcement agency will then do the investigation and will either obtain an arrest warrant from law enforcement or send the case to the state attorney's office for review.

1 Answer | Asked in Child Custody, Child Support and Domestic Violence for Florida on
Q: If my baby mom is in a abuse relationship can I get custody of my kids she always threatening to put me on child support

DCF have taking picture of my kids and my baby mom the DCF lady said that he is not allow around the kids she sent him to jail and then bail him out I need help what can I do

Veronica LaVerne Robinson
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answered on Feb 24, 2019

You could file a Petition to Establish Paternity, Timesharing, and Child Support in family court so that you can obtain time and rights to your child if there is no legal DCF case. If there is a legal DCF case, then you can ask for custody in the DCF court.

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