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Florida Domestic Violence Questions & Answers
1 Answer | Asked in Communications Law, Constitutional Law and Domestic Violence for Florida on
Q: I have a dropped charge DB back in 2014 and Officer was gonna arrest me but I told him to leave cause he wasn't helpful.

My sister was a drug user and my grandmother who has dimensia, bailed her out and presumed to live with us. Keep in mind shes very manipulative. I was in my own room and she was drinking might had done coke to unsure. She started beating on my bedroom door and I opened it to see whats going on. She... Read more »

Charles M.  Baron
Charles M. Baron answered on May 21, 2020

Defend yourself against what? You said the officers left without arresting you, and I assume you mean they also did not give you any notice to appear in court. Also, from your description, it does not sound like the type of police case where they will be in on-going investigation to determine if... Read more »

1 Answer | Asked in Domestic Violence for Florida on
Q: Can I evict my spouse, I dont know what else to do. They are getting abusive and I am scared for myself and our child.

We are not married, but we have a child together. I own the house and their name is not on it. They actually report that they live at their moms house but they live with me. We have been in this house 8 months. I dont want them here anymore. They have gotten so hateful and its affecting my metal... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 14, 2020

I expect that you can get a court order requiring them to vacate the house. And I doubt that the letter will hold up.

2 Answers | Asked in Divorce and Domestic Violence for Florida on
Q: Hi I am in need of legal advice please. Real short I married the man I loved on 2/2/20 at our home by Justice of Peace.

Husband kept cetficate and flushed down toilet just spoke with her yesterday no record Are we legally married or not

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2020

Yes, you probably are legally married. In what state were you married; Florida doesn't have justices of the peace. If it was in another state, a document should have been recorded (perhaps with a clerk of court) there. Check with the appropriate agency in that other state.

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Florida on
Q: Can I change jurisdiction of custody and child support from WV to FL. This is a dom violence situation, we have 2 kids,

Out of my and my families fears, and being turned down 2 times for restraining order. I was granted the motion to move to FL to be close to my mom. However, my eldest (who has special needs) wanted to stay with his grandparents (ex’s parents). Although it was hard, with his history (my son) of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2020

No, you can't "change jurisdiction". The Uniform Child Jurisdiction and Enforcement Act, which has been adopted by both states, would require that jurisdiction remain with the West Virginia court.

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1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Identity Theft for Florida on
Q: I have s lawyer for the idenity theft. He has already had a restraining order issued years ago and charges in ga

His girlfriend and others he pays have tampered with 2 cars my landlord and jobs. I spent all day debugging my house my car and I am afraid

Henry George Ferro
Henry George Ferro answered on Mar 23, 2020

I am not sure what your question is. If I understand your ramblings, you should contact Local Law Enforcement and report the allegations that you have concerning this lawyer or anyone who is engaging in the type of conduct that you are suggesting.

1 Answer | Asked in Domestic Violence, Identity Theft and White Collar Crime for Florida on
Q: Can I file a restraining order on line if it's urgent

I have been stalked harassed and threatened face to face cyber etc has guns 6 yrs

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

Probably.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: I accidentally clicked on my ex boyfriends Instagram story. I sent him a message saying i didn’t mean to. Is this hara

I then proceeded to block him. I have not spoken to him in over 6 months. His mom has tried to get me in trouble before and wanted to make sure this could not be defined as stalking or harassing

Jonathan Blecher
Jonathan Blecher answered on Mar 20, 2020

Provided the message was not a string of repeated contacts, I wouldn’t think one message classified as stalking or harassment. Good that you blocked him. Stay off IG if you can’t resist the urge to look at his profile.

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: If someone pleads no contest to aggravated stalking, can they get it sealed? If so, would the victim know/have a say

I was able to view the record last year on my county public records search, but now the record is no longer there when I search the name

Henry George Ferro
Henry George Ferro answered on Mar 12, 2020

The issue is whether you get a withhold of adjudication and whether you have any other history...whether you plead no contest or plead guilty is irrelevant

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1 Answer | Asked in Domestic Violence for Florida on
Q: How can i get the no contact order lifted so i can return home? How can i get any info about if she presses charges?

I have a domestic battery charge against my sister who i live with with my son. I am not able to return home because of the no contact order with my sister. My son is still staying in the house so he can make it to school. I am in dade city fl which is pasco county.

Jeffrey H. Garland
Jeffrey H. Garland answered on Feb 29, 2020

Request your lawyer to file a motion to permit non-violent contact with your sister, who I am assuming is the alleged victim. Your sister should appear for the hearing. It will be up to the judge to determine whether to grant the motion.

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: First time offender F2 aggravated battery pregnant. Do i go to prison or get probation?

My step sister and i dont like each other but i never put my hands on her during this case.

She had her witnesses lie about the ordeal too.

She saught medical attention for it to build her case i believe but, her child did not arrive early and her child doesnt have any life... Read more »

Corey I. Cohen
Corey I. Cohen answered on Feb 27, 2020

Does your sister still want to prosecute the case and go forward? Just because you score does not mean the prosecutor has to offer that you need to speak to your attorney about other options and or hire a new lawyer if you’re not satisfied.

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2 Answers | Asked in Domestic Violence for Florida on
Q: Me and my baby daddy have a domestic violence case. A while back he pushed me and I called the police.

That's how we got the domestic violence case. He just went to jail again recently for a warrant for the domestic violence case. I wanted to know could I write him letters or go see him while he in jail. Or I can't have no contact with him at all. It happened in Haines City Florida

Corey I. Cohen
Corey I. Cohen answered on Feb 25, 2020

You would have to get a lawyer to change the terms of his release to allow for contact.

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1 Answer | Asked in Domestic Violence for Florida on
Q: Can I go to jail for missing a deposition & do I have to testify if I can't mentally deal with it?

Subpeona issued 2 times. The first time notified both attorneys that I was having surgery and could not attend. The message was taken by admin. staff in both offices. Second time, I began having severe anxiety that resulted in 2 panic attacks prior to the depo. I was mentally frozen and could not... Read more »

Jeffrey H. Garland
Jeffrey H. Garland answered on Feb 25, 2020

Yes, there is the potential to go to jail if you willfully refuse to attend a hearing or deposition. The general symptoms you describe are serious, but should be discussed privately with your attorney in a confidential setting. There could be secondary consequences to a refusal to give testimony,... Read more »

2 Answers | Asked in Domestic Violence for Florida on
Q: Can I plead the 5th in a dv case that is very traumatic?

Subpena issued for me to give a statement in dv case against my ex who is in county jail. The emotional stress that I am going through is the worst with anxiety, sleep deprivation due to nightmares, agitation, panic attacks......I can keep going but no need. I do not want to say anything, I just... Read more »

Jeffrey H. Garland
Jeffrey H. Garland answered on Feb 25, 2020

Whether you may invoke 5th Amendment protections depends upon a reasonable fear of prosecution. If you have such a fear, you need to confer confidentially with a qualified attorney to explore your options. There may be other consequences to a 5th Amendment invocation- such as a dismissal of the... Read more »

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Florida on
Q: Can a pro se respondent appoint a non-lawyer to speak on their behalf in Florida?

My fiancé is a pro se respondent in a child custody case petitioned by an abusive ex-boyfriend. Given the fact that she has an injunction against him for DV, does she have to face him, and his equally intimidating witnesses, alone in the courtroom, or can she appoint a non-lawyer (namely myself)... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 23, 2020

No; those activities would constitute the unauthorized practice of law. It's a crime.

2 Answers | Asked in Domestic Violence and Family Law for Florida on
Q: What are some common things a judge will require a parent convicted of domestic violence to complete.

My son has a misdemeanor DV battery conviction (10/2018), and a violation of DV injunction conviction (6/2019) both against the mother of his 4 yr old son. He has not had any contact with his son in about 19 months due to this. I was doing some research & I see Florida has a “rebuttable... Read more »

Jean Richardson
Jean Richardson answered on Feb 18, 2020

If your son was ever on probation for any of the charges, he should have been ordered to complete a batterer's intervention class and anger management. If he has not completed any of those, he probably should. Also, he may want to consider completing a parenting class. Best of luck!

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1 Answer | Asked in Child Custody and Domestic Violence for Florida on
Q: Can someone who violated an injunction twice get it modified if the other party doesn’t want it to be?

I have a permanent injunction against my ex boyfriend. It went into effect in August of 2018. Since then he has violated it twice, and was convicted both times. The first violation was in September of 2018. The second violation was in May of 2019. From May 2019-December 2019 he was incarcerated for... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Feb 13, 2020

A person can always seek a modification. It is up to you to present your case and convince the judge that your position is the correct one.

2 Answers | Asked in Child Custody, Divorce, Family Law and Domestic Violence for Florida on
Q: Is grabbing a child by the arms squeezing, shaking them and threatening them considered corporal punishment?

In Sept 2019 I had to file injunctions against my ex husband and his fiance and contact CPS regarding Physical Child abuse. The father admitted of having knowledge and the fiance admitted to the abuse. The injunction agreement is good till April 2020. The terms agreed on were; no corporal... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 13, 2020

Yes, I suspect that the judge would find that the conduct constitutes violation of the injunction. It may also be a crime (threatening to cut the fingers off particularly).

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1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: Unmarried father with history of domestic violence get unsupervised time with his kid?

Hello all, I have a 5 year old with my ex boyfriend. I have a permanent injunction against him with our daughter included since September 2018. He has 2 domestic violence misdemeanor battery convictions, and 2 violation of injunction convictions, all against me all within the past 3 yrs. He got out... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Feb 12, 2020

You need to be ready to present evidence as to why he should have supervised visitation. If there is no relationship then the timesharing would probably start with a reunification plan. You should schedule a consultation with a local lawyer to discuss the details.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: How can I get a case drop on my boyfriend for simple battery domestic

Okay my boyfriend took my phone because we had to meet up with my daughter father for some documents. My boyfriend does not want him knowing where we live and my daughter father found out where we live because child support papers. My boyfriend took my phone & text him he could not come to our... Read more »

Jeffrey H. Garland
Jeffrey H. Garland answered on Feb 10, 2020

You could go to the State Attorney’s Office and make the request. They could listen to you or ignore you. If they prosecute anyway, much of what you’ve just said might be used against you if you try to change or recharacterize your description of events. You could retain an attorney to... Read more »

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: Hello. Why did my boyfriend get arrested when he never touched me. We were just yelling at each other?

We were on his boat. Sadly quite drunk. I went to take a rest.When he went to wake me I apparently started screaming. I do not remember any of this. I know for a fact he DID NOT touch me. He never has. Now I can have contact with him, had to move out ,he is the sole provider, I am unemployed. Why... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 6, 2020

Although I am sympathetic with your unhappy situation and description of what happened, I am quite sure that the police in Stuart do not arrest people without probable cause to believe they committed some serious crime.

I am also quite sure that you are not telling us the whole truth about...
Read more »

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