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.
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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answered on Mar 2, 2023
In Florida, notice reasonably calculated to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections is required in civil cases. This is typically satisfied by following the rules of service of process as outlined in the Florida Rules of... Read more »
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... Read more »
answered on Feb 17, 2023
Yes, they can file charges; they don't need your permission.
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... Read more »
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... Read more »
we were living together since July. In November, we broke up and I asked him to leave-- he refused- so I filed an unlawful detainer on 12/7- my house, he paid no bills etc. He had me arrested for alleged domestic violence 12/9. The state's att'y has dismissed the case due to lack of... Read more »
answered on Dec 26, 2022
You can petition for a domestic violence injunction if you independently have the facts to support it. The Court Clerk's office should have forms for you check off the reason(s) supporting an injunction. Your ex filing against you is irrelevant to your eligibility and to your likelihood of... Read more »
2 previous restraining orders against him.
He left Georgia at 14 to come to FL. After 1st restraining order, my son was 8 months old and I received a letter stating that they have been looking for him for over 3 years. Indicating to me he possibly has a child back in Georgia that he fleed... Read more »
answered on Dec 10, 2022
Apparently, you are seeking another restraining order. You could ask the person who sent you the letter for more information. But chances are that such information would be irrelevant with respect to your current application and/or would be inadmissible as hearsay.
I also have Medical records that prove my blood sugar dropped to 34 so it was impossible for me to be competent. I've been trying to figure out why they punish me for everything. The judge kept me in jail for 4 months with no bond. Then she gave me a bond for 60,000 and all over a domestic I... Read more »
answered on Oct 28, 2022
I understand your position; however, I don’t see facts, in your discussion, that supports your claim. Generally speaking, if a judge shows bias, your lawyer should file a motion to recuse (remove the judge from your case). Assuming the facts warrant such a motion, you may wish to pursue an... Read more »
In florida throwing a rock at someones car is projecting a deadly missile. My question is if someone throws something at your car in a road rage incident that can injure you or your passengers is it legal to shoot back (stand your ground law). I need professional legal advice from someone who knows... Read more »
answered on Sep 24, 2022
Your question is vague as to the timing of the events, as well as the specific danger posed by the rock-thrower. You may "stand your ground" with reasonable force that is necessary for self-defense - that is, to stop an ongoing attack that may cause death or great bodily injury to you.... Read more »
he gave me 1 month to leave his house because I caught him cheating. It escalated where he put his hands on me in front of my child. I called the police and reported it. I don't have family around so I have nowhere to go right away. I haven't worked in 6 months, he's been paying all... Read more »
answered on Sep 10, 2022
No, he cannot just kick you out like a dog. If you have stayed there for longer than 30 days, then he has to take legal steps to evict you. If you are married then different rules apply. But if you are just a houseguest, then he first has to serve you a notice to vacate, and then he has to file an... Read more »
We lived together, she left and then this happened. She’s already broken windows and super glued my gas cap shut.
answered on Aug 9, 2022
The respondent can file a motion to modify or remove a restraining order if he/she proves that the circumstances that granted the injunction no longer exist. It's up to the judge's decision to remove the injunction. If the judge finds the petitioner is no longer in danger, the injunction... Read more »
My child was taken because of domestic violence that he witnessed one time my child is 15 years old I am 52
answered on Jun 28, 2022
I’m not sure if the injunction was a civil one, a DCF injunction or a criminal no contact order. It may be a combination of things. In any event, you need to file an action for dissolution of marriage or a paternity action. I would strongly suggest that you hire a qualified family law attorney to... Read more »
My friend has a no contact order against her in Citrus County, Florida from her ex boyfriend. He repeatedly found ways to contact her even though she blocked him. He eventually told her he dropped the no contact order. So she talked to him and eventually moved back in with him. Well when she found... Read more »
answered on May 3, 2022
She should immediately report the situation to the court. If he still has her phone, but she was able to tell you about it, I suggest you contact the state attorney and the court (i.e.: the judge's judicial assistant)..
answered on May 23, 2023
More facts would be needed to know. Schedule a free phone consultation with an attorney here in Florida.
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.
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.
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 ?
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.
Is the granting of a TRO (Temporary Restraining Order) considered “Affirmative Relief” — even without yet a Final Hearing?
Or is a TRO a different type / category of relief?
(The Final Hearing has been continued / delayed to allow Discovery.)
Even though it is a TRO... Read more »
answered on Jan 27, 2023
Why do you ask: "considered affirmative relief" for what purpose?
The police say its a civil matter he robbed us with a fraudulent POA for over two hundred and fourty four thousand dollars worth of money property and assets
answered on Sep 6, 2022
You did not ask a question. Re-post to state what you wish to find out or what kind of help you are seeking. Also, we see our on end says, "Orland, CA asked ... in Civil Rights, Domestic Violence, Elder Law and Identity Theft for Florida." State where the events occurred, as it's... Read more »
Now I have not worked a day in my life in the past 16 yrs he has been supporting me because he is scared of me working but now we are fighting every day and he keeps threatening me that he's going to open a new bank account so I'm left with nothing is he allowed to do that
answered on Aug 19, 2022
Yes, he can; he is not obligated to maintain a bank account with your name on it.
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