My landlord is trying to evict me. Is there any domestic violence laws that protect me?
No. You are responsible to the landlord for the rent. The landlord is not a party to your relationship, has no interest in your relationship, and the law does not require the landlord to purposefully suffer a financial loss because of your failed relationship.
Partners
If you no longer trust or have faith in your attorney it sounds like you should consider hiring new counsel.
Comply with the temporary injunction. Get an attorney.
This morning was the third time my neighbors physical violence and fighting not only woke me in the middle of the morning, but they extend it to my doorstep throwing someone against it. I have complained to my landlord over a yr now...he does absolutely nothing but tell me "if youre not happy,... Read more »
No, you have no cause of action against your landlord or against your neighbor. Take your landlord's advice and move when your lease is up.
My family has always been very abusive, and as of recently it has gotten worse. They aren't this way to another sibling of mine so I don't want to risk that sibling going into foster care if I call child services. I'm 17 and I have a boyfriend above the age of majority who wishes to... Read more »
Depending on his age, he could be accused of "sexual battery" (called statutory rape in most places), if they suspect he is having sex with you.
She attacked me I have a black eye and my other eye is swollen and she tased me. She had no marks but she called police the next day. I went to jail for 1 day. I just got out. Can I file charges of my own
Your question is confusing, was it your daughters or your sons? Anyway - you can try. It is up to the state whether charges are filed. Usually the first person to call the cops wins. Do you really want to file charges against your children? Get an attorney, have her call the prosecuting... Read more »
Putting up cameras in my house without my permission. Threatening that they dare anybody come out and say something as in violence. Scarring my minor child saying she is going to call DCF and take to take my youngest child. All in retaliation of my sisters husband who I have an injunction on for... Read more »
There are requirements to obtain a Domestic Violence Injunction that include being the victim of violence or imminent fear of becoming the victim of domestic violence. If someone is letting someone into your residence that has an injunction against him, your remedy is to report the violation to... Read more »
Laws are strict in N.J. about relocating but I have support family a job here and nothing in N.J. he is demanding visitation court agreed to it. I do not trust him with my son or want him in his life at all he never was around or a parent when we were there. My son is happier with him not here.... Read more »
Step one is to establish your residency in Florida. You will need to live here six months before you can take advantage of the Florida courts. Until then your fight is in NJ.
An “Adjudication Withheld” on a felony, or on a misdemeanor crime of domestic violence, requires that three years has have elapsed since the completion of all sentencing provisions, including any probation or court fines.
My ex wife has filed multiple false allegations against me since 2014, dcf cases, injunctions, and trying to modify child arrangements. Each report says something different, and none of them have gone in her favor meaning I have been lucky enough for a judge not to believe her. This time she is... Read more »
1. The first line of defense I see is for you to go back to the same court that granted your divorce and file a motion to reopen the cases and also file a motion for contempt--citing all of the reasons you gave us here.
2. The second line of defense is to hire a very experienced trial... Read more »
That seems like a really bad idea. My advice - move on.
What happens if I am eligible for a pretrial diversion program and the "victim" doesn't consent out of spite? Do I have a way around this?
See Florida Statute 948.08(2). The Victim MUST consent to a defendant entering Pretrial Diversion. Whether the victim refuses to consent out of spite is irrelevant. Also, neither the defendant nor the defendant's immediate family is allowed to contact the victim or the victim's... Read more »
we live in Florida . he moved and wouldn't tell me where , he wont tell me where my belongings are , unbeknownst to me we were evicted. he makes 150k annually. i had an injunction against him b4 that expired 1 month b4 we decided to try to fix our marriage again. he is the breadwinner and... Read more »
Alimony in Florida is based on need and ability to pay. You have to need it and he has to be able to afford it. The General Magistrate can certainly order alimony if the matter being heard by the Magistrate is related to support. You need to make sure there's a motion or a petition requesting... Read more »
My son was issued an injunction 2/22/21 by his ex (off and on} which he countered. She claimed he was "stalking" her. The hearing was this morning - he says the Judge issued orders on both of them. My son did not have attorney representation, which I believe had he, the outcome would have... Read more »
It is difficult for you or I to answer without firsthand knowledge. I can tell you that injunctions can be set aside or terminated. You do not say if the injunction issued was temporary or permanent. All injunctions reference an end date. I can also tell you that a court rarely issues injunctions... Read more »
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.
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 »
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.
Anything you say to DCF (In Florida, it's Department of Children and Families) will be turned against you. Hire an attorney.
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 »
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 »
Make a police report.
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 »
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
