Get free answers to your Domestic Violence legal questions from lawyers in your area.
I recently discovered that my husband is cheating on me. I have not confronted him about it yet, and I'm concerned about my physical safety if I do. We haven't discussed divorce, but I have substantial evidence of his infidelity. I have family support at the moment. What steps can I take... View More 
answered on Apr 7, 2025
Your only legal recourse regarding infidelity is to recover half of any money that is spent on the affair. You first need to decide if you will pursue a divorce or not. If yes, go see a local family attorney. If no, go see a local therapist who can help you, or both of you, moving forward. Speak... View More
I recently discovered that my husband is cheating on me. I have not confronted him about it yet, and I'm concerned about my physical safety if I do. We haven't discussed divorce, but I have substantial evidence of his infidelity. I have family support at the moment. What steps can I take... View More
answered on Apr 7, 2025
I’m really sorry you’re facing this difficult situation. Since you’re concerned about your physical safety, it’s important to prioritize that above all else. If you decide to confront your husband, try not to do it alone—choose a public place, have a trusted person nearby, or even... View More
I have been the primary caregiver for my child, with her father having had no contact for 5 months and neglecting child support for 1 year and 5 months. My daughter solely lives with me, and our current understanding is that I have full custody, although there are no formal court orders in place.... View More
answered on Apr 1, 2025
You do not say if you are married or not. If you are unmarried and have never been to court for paternity then you can basically do whatever you like. If the father opposes anything then he would have to go to court. If you are married it is a similar situation. Speak with a local family lawyer for... View More
I have full legal and full physical custody of my children, and their birth father has supervised visitation rights two hours once a month, per a court order. However, he has not used these visits since 2022 and only saw the children once that year. He has expressed objections to someone else... View More
answered on Mar 31, 2025
The step parent adoption you are referencing requires the consent of both legal/biological parents, however the court can waive that requirement where it is alleged and proven that the non-consenting parent has abandoned the children, as that term is defined under Florida statues.
The... View More
My husband wants to file for 50/50 custody of his 3-year-old son, but he is concerned about a recent felony conviction for domestic violence in January 2025. There are concerns about the child's well-being when in the mother's care, as she suffers from seizures and has left the child... View More
answered on Feb 23, 2025
The legal standard is what is in the best interest of the child. The felony is a factor just like the other parent’s issues are. The court has to consider everything together. Try to make a list of all the good parenting factors on your side. Speak with a local family lawyer for more specific... View More
I reside in Polk county fl, my ex is out of state. Per the order, I have full physical and legal custody, no time sharing. There is no parenting plan past or present. I assume the provision to use the app is there should I need to discuss the children. However, I am unclear on if I am ordered to do... View More
answered on Jan 30, 2025
I would interpret the provision as follows:
1) You should download the app. Verify that the app gives notice to the other party that it gives notice to the other party that a message has been sent.
2) Ascertain that your ex has downloaded it as well.
3) If your ex... View More
If the state is saying that as long as I am on probation me and my spouse can not live together because we both caught a domestic violence case how do we go about getting that changed because we share a home and have no where else to reside
answered on Oct 28, 2024
If you are on probation, I am assuming that you have entered a plea to your case and the case is closed. "No Contact" provisions can be entered as a condition of bond, as part of a domestic violence injunction, or as a condition of probation. If you agreed to no contact as part of a... View More
Me and has presently filed violations of that injunction against me that aren't true and I didn't do well they had a hearing down there and said I did commit those violations and now I have two warrants from down south for writ of bodily attachment for the violations. And 2nd off when she... View More
answered on Sep 30, 2024
You probably need an attorney or two, First off, the writ of bodily attachment is not a criminal matter: it usually indicates some kind of support issue. The writ can be resolved by paying a "purge" amount which bears some relation to the arrearage. You could get a hearing on the amount,... View More
Supervised visitation of my 2 year old son. When I complete BIP and get off probation, Does that qualify as a change of circumstance and allow me to modify the injunction to request unsupervised custody of my son at my home? No family case at the moment. We are still married. Divorce has not been... View More
answered on May 31, 2024
You can always file a motion to modify the conditions of the injunction. You do not mention if there is also a family case. You may be able to modify sooner than the end of your program and probation. Speak with a local family lawyer for more specific advice.
I live in an abusive home. I moved in with my grandparents in 2018 at the push of my grandmother. My grandmother adopted my sister for the money she gets, she tells she is going to leave her with me because she didn't sign up for the responsibility only the money. She calls her names, is... View More
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answered on May 16, 2024
It is unlikely that your children will be taken away from you simply because you have a condition which requires you to take medication. Many people in society have bouts of anxiety and depression and society, including family court, understands and does not condemn people who are going through... View More
Other parent who happens to be the abuser?
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answered on Feb 21, 2024
If there's a criminal case pending there's likely a "no contact" order in place, which should protect you during the pendency of the case. However, on the civil side, there may be a custody/visitation decree from a court that you should be mindful of and not violate. All this is... View More
An injunction was dissolved due to DCF failing to consider relevant information regarding ongoing alcohol use when determining the dissolutions and allowed the dissolution of injunctions in place to protect my son and his brother from their stepdad. The stepdad's history consisted of sexual... View More
answered on Feb 8, 2024
Aside from the criminal issues that you raised, you as a guardian for your children may be able to bring a lawsuit against both the stepdad and any other adult who could have or should have stopped the abuse but did not. Stepdad’s rental or homeowners insurance policy could be a source of... View More
They had another inmate contact someone outside of jail & gave them my cell & work phone numbers as well as my address of where I work/live to contact me to pick up their things for them while they were incarcerated. This person didn't know me or the defendant. That 4th party, called... View More
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answered on Jan 28, 2024
In Florida, if there is an order of protection in place, any attempt by the inmate to contact you, directly or indirectly, could be considered a violation of that order. Using a third party to communicate, especially if it involves harassment or intimidation, is typically seen as an indirect method... View More
I had to write a letter and that's it am I still barred from firearm ownership
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answered on Jan 12, 2024
In Florida, the laws regarding firearm ownership are specific about who can and cannot possess a firearm. Generally, a conviction for domestic violence can disqualify a person from owning a firearm. However, your situation involves a juvenile record and participation in a teen court program, which... View More
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
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
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
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
My son was arrested for domestic violence and is being held on felony 2 charges, even though his pregnant girlfriend stated he did not hit her. It is his first arrest, and he has not been assigned an attorney yet. The police issued a "no contact order," and they took pictures and spoke... View More
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answered on Apr 12, 2025
It’s important for your son to get a lawyer as soon as possible. A lawyer will be able to assess the evidence, including his girlfriend’s statement, and work on strategies to reduce or dismiss the charges. The fact that this is his first arrest and there was no physical evidence of harm could... View More
I was subjected to a common assault by my boyfriend on March 11, 2025, and I reported it, intending to press charges. However, he has filed a counterclaim against me, although I'm unsure of when this was done. I don't have any evidence or documentation related to either incident, and I... View More
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answered on Apr 12, 2025
In a common assault case, you have the right to pursue charges if you were the victim of the assault. Since you’ve reported the incident, you can still press charges, even if you don’t have physical evidence right now. Testimony, witness statements, or medical records could serve as important... View More
I was charged with aggravated assault after an argument with my wife in Belleview. The police claimed a gun was involved, but they didn't find one and no injuries were reported. My wife doesn't want to be a witness and wishes to drop the charges. At the bond hearing, she expressed her... View More
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answered on Apr 11, 2025
This must feel like a heavy situation, especially with so much on the line—your marriage, your business, and your reputation. Even though your wife wants to drop the charges, it’s important to understand that once the state files them, it’s no longer entirely in her control. Prosecutors can... View More
I currently have a shared custody arrangement with my child's father, where our son spends two weeks with each parent. Recently, DCF visited my son to inquire about his father and his father's girlfriend. There was an incident where the girlfriend cut herself, and it's unclear if it... View More
answered on Apr 10, 2025
At this point, I do not think you have enough information to proceed. You need to contact DCF for more information. its possible there could be another explanation why the girlfriend cut herself. A judge will want to know that to determine if the child is in danger.
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