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Florida Domestic Violence Questions & Answers
2 Answers | Asked in Domestic Violence and Landlord - Tenant for Florida on
Q: Does my landlord in Florida have to let me out of lease if I have police report of domestic violence
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 25, 2021

No. Your personal problems have nothing to to do with your legal responsibility to pay your rent.

However, if you ask the landlord nicely they may let you break the lease.

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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Will an arrest be made on a domestic violence case even if no arrest was originally made.?

I called the police after my ex husband strangled me. By the time the police came, he had left. She took down the details and told me she would file a report and a detective would be in contact with me.

It’s been a few days and I haven’t heard anything. Will an arrest be made? Will... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Feb 14, 2021

Yes, the wheels of justice grind slowly but I am sure that a report will be processed, and an arrest will most likely be made. If you don’t hear anything after a week, then call the officer that took the report to get a status update.

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: if you have domestic violence charges pending and the child services calls should I talk to them or get an attorney?
Jonathan Blecher
Jonathan Blecher answered on Jan 27, 2021

Anything you say to DCF (In Florida, it's Department of Children and Families) will be turned against you. Hire an attorney.

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1 Answer | Asked in Adoption, Child Custody and Domestic Violence for Florida on
Q: I have a child from an unmarried relationship and my husband and I would like for him to be able to adopt her.

The father on the birth certificate has not seen her since her first birthday. Has not provided any financial support since her birth and only tries to contact me on her birthday every year and she is now five. He is already involved in another custody case with his wife who is trying to get a... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 21, 2021

You must address the biological father's rights one way or another. The easier way id for the bio father to consent to the adoption. The more difficult way is for you to go to court to terminate bio father's parental rights. One of those two things must happen to facilitate the adoption... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: Can I get full custody of my two children Boy(9) Girl(11)after abuse has happened to my daughter while at her fathers?

Daughter has suffered physical and verbal abuse from the step mom. Son watched and has heard. He also has suffered from physical abuse as well just not to the same extent. Daughter has been sexually abused by the step sister for multiple years. Daughter has now tried to commit suicide while at... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 29, 2020

If there is no family or dependency case in court with these circumstances, you must run, not walk to the courthouse to get assistance for your children. If the things you state here can be proven with evidence and testimony, yes, you have a good chance of obtaining supervised time-sharing for the... Read more »

2 Answers | Asked in Criminal Law, Personal Injury, Civil Litigation and Domestic Violence for Florida on
Q: Should medical treatment of someone rolling a car over another's foot be covered by car insurance or personal insurance?

This is a continuation of a prior question ("Can son press charges on ex-girlfriend who ran over his foot and drove off in his car?").

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 9, 2020

I am sorry to inform you that there may never be an answer to this dilemma because the dispute involved two different kinds of insurance companies--neither of which will ever accept the claim.

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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: If I have an open case but caught another charge an my bond was revoke would i be able to get another bond
Leonard Louis Cagan
Leonard Louis Cagan answered on Nov 9, 2020

In most jurisdictions, no. One of the conditions of bond is that you not commit any new crimes. The new charge will violate the conditions of bond on the old case. The State or the Judge on their own motion can request a revocation of the bond on the first case. You are going to need to speak to an... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Domestic Violence for Florida on
Q: Can son press charges on ex-girlfriend who ran over his foot and drove off in his car?

Our son wants to press charges on his ex-girlfriend who ran over his foot with HIS car, but officer is saying he can't because he went in front of a moving vehicle. Briefly: Oct. 25, as son drove into the parking lot of ex-girlfriend's residence (she was passenger), an argument started.... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 6, 2020

Whether criminal charges may be initiated is solely the decision of law enforcement - either the police or the State Attorney's Office (prosecutor's office). If the reporting officer refused to either charge or commence a criminal investigation, you could try the intake office of your... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: If a no-contact order is violated in a criminal case by the defendant,can the victim get in trouble by taking his call?

This is a domestic violence case involving my 20 yr old daughter. The judge imposed the order in the beginning and said it would add to his charges if violated. He calls her from prison daily violating the order. Can she get in trouble by taking these calls? These calls are coming to her cell phone... Read more »

Jonathan Blecher
Jonathan Blecher answered on Nov 3, 2020

You should notify the State Attorney that he's calling and violating the Order. Keep a record of the calls. Your daughter should not speak with him, but if she does the only thing she should say is "don't call me". Inmate calls from jails are recorded, so there will be a record.

1 Answer | Asked in Civil Litigation, Family Law and Domestic Violence for Florida on
Q: Can I block legally from my bf returning to residence after playing music n bar as I am high risk in virus?

I want to legally block my bf from returning to our shared residence after playing music in bar as I am high risk in contracting coronavirus & he REFUSES to agree to go elsewhere after playing to change clothes, shower & take all exposed equipment (he has a “following “ of people known... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 22, 2020

it's his as much as it is yours. So your best bet is to find another place to live.

1 Answer | Asked in Child Custody, Child Support and Domestic Violence for Florida on
Q: Hello, I’m currently dealing with a child support case for my 2 children. The non custodial parent is “self employed”

and I have proof that he makes more than what he is telling such as photos with large amounts of money and messages of him admitting he has more also I feel that visitation should be revoke bc of the welfare of my boys I have multiple threat messages and him neglecting them in messages what should... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 17, 2020

You need to file something with the court asking for what you want. If you want to increase child support or reduce timesharing then it is a modification. If you want to enforce something then it is a motion for enforcement.

1 Answer | Asked in Domestic Violence for Florida on
Q: I was arrested for domestic violence on Dec. 13, 2019. I wasn’t served with the injunction notice until mid January.O.K.

Chris my husband of six years and we’ve been together for 30 has a serious drinking problem well he got in my face that December night and I kept moving away from moving away and living right and finally I had enough and I just stormed past him to the kitchen he went to the bathroom apparently... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 22, 2020

This is something you should ask your attorney.

1 Answer | Asked in Domestic Violence for Florida on
Q: I was accused of domestic violence last December (Slapped my spouse) then he had an injunction placed on me for a year.

My lawyer thinks the judge will dismiss the case. My question is if I’m found not guilty, and I am, would the injunction be lifted automatically even though a different judge ordered it. Or would I have to go in front of that judge and ask if he would lift it?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 18, 2020

Those probably would be two different things: contempt of court for allegedly violating the injunction, and whether the injunction should continue. But ask your attorney to be sure.

2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Florida on
Q: What can i do?

The judge take my child from me and delivered in teh hands of a sexual offender without the child be attended first to his counsel and set me to have supervised visitation with my child up to 2 times a week. The order was not served by hand, mail or e-mail. The order do not present any steps for... Read more »

Henry George Ferro
Henry George Ferro answered on Aug 13, 2020

You paint a very serious picture...has the judge issued a ruling yet...and what kind of hearing was scheduled and what happened...remember appellate time frames...Although it sounds like any appeal of this case is unlikely...Custody issues are always reviewable...Sounds like something went terribly... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Florida on
Q: Can a judge go and talk to the jury during deliberation without his black robe on.

I ask why is court reporter way on the other side of the room and not taking notes. To record our meeting we had in the middle of the court room, During deliberation. It was me my pd state atty an the judge. No court reporter. Before trial started my pd and me had a meeting in attys booth.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 9, 2020

Yes, the judge can talk to the jury without wearing the robe. The robe is just cosmetic.

1 Answer | Asked in Domestic Violence for Florida on
Q: I have a restraining order out against me and I don't know if it is better to not get served the papers or to take them?

I am being accused of harassment and can proof I have never harrassed the person. What should I do? If I fight in court how will it go if I proof I'm innocent? I know the other person has no proof it is me harassing them. But if I don't take the papers will it get defaulted automatically?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 27, 2020

No, you don't get defaulted unless you have been served with process.

2 Answers | Asked in Domestic Violence for Florida on
Q: Falsely accused of Domestic Violence when my spouse told the cops and DA that it didn't happen.

I was arrested for Public intoxication, resisting arrest and Domestic Violence which none of this happened. There are witnesses that to this, that could testify that this didn't happen but the DA is still trying to prosecute the incident.

Jeffrey H. Garland
Jeffrey H. Garland answered on Jul 22, 2020

You should retain an experienced criminal defense attorney ASAP. It could surprise you that the innocent need at least the same level of defense as the guilt.

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1 Answer | Asked in Domestic Violence for Florida on
Q: So my dad got arrested on domestic battery charges on his girlfriend. Is there any way I can gain ownership of his house

I'm 19, him and his girlfriend have been living here for 5 years and have a 3 year old son together. I don't want to kick her out but she says she is eventually leaving and I don't want my dad to lose his home.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 26, 2020

Sorry, but I have no idea how you figure that all of this will result in your father loosing his home.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Why would public defender not want to do depositions to prove what victim said was untrue.

Also victim stated she was intoxicated at time her statement was recorded isn't that inadmissible. Also there is a drug possession charge but no FDLE report so it's my understanding that a possession conviction can not be obtained.

Henry George Ferro
Henry George Ferro answered on Jun 15, 2020

There are reasons for not taking depositions...although from the sound of your question, yours is the type that depositions should be taken...You need to have a heart to heart conversation with your lawyers and, if you are not satisfied with the response, you should and are able to seek a second... Read more »

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