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Florida Domestic Violence Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Florida on
Q: How likely is it my kids would be taken if this was reported?

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

Veronica LaVerne Robinson
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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

1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: Can a domestic violence victim move from miami fl to Orlando fl and take her 2 year old child without the consent of the

Other parent who happens to be the abuser?

Jonathan Blecher
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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

1 Answer | Asked in Family Law, Domestic Violence, Juvenile Law and Criminal Law for Florida on
Q: Alcohol resulted in sexual abuse of minor & DCF failed to consider continued alcohol use. What case law is similar?

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

Stephen Arnold Black
Stephen Arnold Black
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

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Florida on
Q: In Florida, is an inmate using a 4th party to contact me (victim w/order of protection in place) violating that order?

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, Domestic Violence and Civil Rights for Florida on
Q: 21 year old male with1domestic violence when I was 16 I had teen court in florida no probation can I purchase a firearm

I had to write a letter and that's it am I still barred from firearm ownership

James L. Arrasmith
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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

1 Answer | Asked in Family Law, Personal Injury and Domestic Violence for Florida on
Q: Is there a way to sue my parents, as well as my mother's second ex husband, for damages from abuse?

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

Charles M.  Baron
Charles M. Baron
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

1 Answer | Asked in Domestic Violence, Personal Injury, Civil Litigation and Criminal Law for Florida on
Q: I was a victim of domestic abuse several times. What is the clause I can sue exwife for it?

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

Charles M.  Baron
Charles M. Baron
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

2 Answers | Asked in Criminal Law, Domestic Violence, Federal Crimes and Civil Rights for Florida on
Q: does a criminal have a right to the first amendment?
T. Augustus Claus
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answered on Nov 1, 2023

There are some limits on the First Amendment rights of criminals. For example, criminals cannot use their First Amendment rights to incite violence or obstruct justice. Additionally, criminals may be restricted to their First Amendment rights while in prison or jail.

Unfortunately, due to...
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2 Answers | Asked in Criminal Law, Domestic Violence, Federal Crimes and Civil Rights for Florida on
Q: does a criminal have a right to the first amendment?
James L. Arrasmith
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answered on Nov 4, 2023

In the United States, individuals retain their First Amendment rights even if they have been convicted of a crime.

However, the extent of these rights can be subject to certain limitations based on the nature of their confinement, parole, or probation conditions. Incarcerated individuals,...
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1 Answer | Asked in Domestic Violence and Criminal Law for Florida on
Q: Can I get my record sprung for domestic violence charges but they where drop
T. Augustus Claus
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answered on Oct 16, 2023

Whether or not you can get your record expunged for domestic violence charges that were dropped in Florida depends on a number of factors, including the specific circumstances of your case, the severity of the charges, and your criminal history. For personalized legal advice tailored to your unique... View More

1 Answer | Asked in Divorce, Arbitration / Mediation Law, Domestic Violence and Family Law for Florida on
Q: Myself & spouse have lived in home 27 years. If I file for divorce will he be made to sell home in St Pete and split the

Home in his name only. Do not trust him!

Rand Scott Lieber
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answered on Aug 7, 2023

As long as the house is a marital asset, which it sounds like it is, the court will order the equity to be divided as part of equitable distribution. You will each have the opportunity to buy the other out or else the property will be sold. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Divorce and Domestic Violence for Florida on
Q: Can I hire a lawyer in FL when I live out of state? We have a minor together am I able to take my child out of state?

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.

Todd B. Kotler
Todd B. Kotler
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... View More

3 Answers | Asked in Real Estate Law and Domestic Violence for Florida on
Q: I am a mother with 2 children and co-own a home and land with my current boyfriend. He is not their father. We co-own

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... View More

Phillip William Gunthert
Phillip William Gunthert
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... View More

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1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: I had a TRO filed against me by a spiteful ex, if I have proof her claims are exaggerated/false will it be dismissed?

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... View More

Pamela J. Fero
Pamela J. Fero
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...
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2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Domestic Violence for Florida on
Q: in florida what constitutes notice reasonably calculated in civil case... What statue?
James L. Arrasmith
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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... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: I called 911 to have an intimate partner removed from my property. I never mentioned anything about a physical

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... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 17, 2023

Yes, they can file charges; they don't need your permission.

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Florida on
Q: What firearm restrictions r put an individual convicted of a misdemeanor domestic violence in CA that now resides in FL?

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... View More

Terrence H Thorgaard
Terrence H Thorgaard
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... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Litigation and Domestic Violence for Florida on
Q: if someone files an injunction against you and the court finds no evidence, can I file one against him?

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... View More

Charles M.  Baron
Charles M. Baron
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... View More

1 Answer | Asked in Criminal Law, Family Law, Child Support and Domestic Violence for Florida on
Q: Hi, I suspect my children's father has another child back in Georgia. How do I go about finding out?

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... View More

Terrence H Thorgaard
Terrence H Thorgaard
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.

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Domestic Violence for Florida on
Q: I have a disc of the court day my Judge was Bias and my private attorney broke confidentiality on my case.

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... View More

Kevin John Mawn
Kevin John Mawn
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... View More

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