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Florida Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Would it be legal for someone being abused to drug their abuser to facilitate an escape?

For example, a woman slipping a sedative into her partner's water so she can escape while he is unconscious

Michael  Mayoral
Michael Mayoral answered on Jan 13, 2022

This is an oddly specific question. It may be illegal, and probably is. I can see that you're thinking of it in a "self-defense" sense, but it is not that clear and easy to be sure that the action is justified/"legal." In Florida, a person (Defendant) would be justified in... Read more »

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Florida on
Q: Abusive marriage

I'm stuck in an abusive marriage. I am trying to get away but have had trouble finding a lawyer to assist me and the children. He controls our money and finances (removed me from our joint accounts so I have no access) and does not give me access to any money. Now he's taking away my cell... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 31, 2021

You obviously used something, whether it was a phone or a PC to ask this question. Use that same device to contact your doctors and other people who might assist you. You need to file in court for divorce and, at that same time ask for a temporary order requiring your husband to pay, while the... Read more »

3 Answers | Asked in Domestic Violence and Immigration Law for Florida on
Q: I’m currently a temporary permanent resident and I’m married. However, my marriage involves a lot of emotional abuse.

None

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 26, 2021

You may do the following legal actions to retain levity and balance in your life:

1. Once you are physically threatened or abused call the police, make a police report documenting that abuse and domestic battery in applicable,

2. Go to the local criminal court and immediately file...
Read more »

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1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: Wanting court prodecure for contuining a hearing or case law ruling on length of time judge should wait before ruling..

Family law judge called a recess. Told us to go in the hall. He told my wife to get her story together due to crying and not making sense. I ran to the meter for my car and I swear I wasn't gone more than 5 minutes and can use Google maps to prove it but anyways the judge called our case back... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 8, 2021

If you try to appeal, you are not going to get very far unless you had a court reporter.

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Florida on
Q: If my child gets taken by cps in Florida and I want to have another child later down the line in another state can i
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2021

Can you have another child? That would be a medical question, not a legal one. :)

Are you asking if that other state will also take the other child from you? It would depend on whether that state thinks the child is at risk of harm or abuse.

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: I used pepper spray on someone in self defense. That person turned around and is claiming they need a restraining order

After I pepper sprayed them in self defense to get a loved one out of the area they came looking for us and ended up throwing a brick through the car windshield. I called the police filed a report and also have an upcoming case with them for the damage to the car. Now they have turned around and... Read more »

Michael  Mayoral
Michael Mayoral answered on Nov 23, 2021

Hire an attorney to represent you at the hearing on the restraining order (injunction) and provide them with all relevant evidence to present to the court. If they petitioned for an injunction, you will likely be served with a temporary injunction that provides a hearing date for the permanent... Read more »

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2 Answers | Asked in Domestic Violence for Florida on
Q: What is my best course of action to help my partners charges get dropped in domestic battery case?

I'm trying to figure out what my best course of action is to get my partners charges dropped. She was arrested and charged with domestic battery, it was mutual combat and I told them I didn't want to press charges at time of the arrest. I need to know if it would be best for her if I just... Read more »

Michael  Mayoral
Michael Mayoral answered on Nov 10, 2021

It is tough to say. Different jurisdictions treat witnesses who want DV charges dropped differently. It is best to consult with an attorney, possibly her attorney, over the phone about this.

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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: If a person is being held for over 90 days on several felony charges (domestic classification) and victim doesn’t show

For the depositions can the charges be dropped at a Arthur hearing? Or sounding? Or does it have to be done at trial?

Michael  Mayoral
Michael Mayoral answered on Nov 8, 2021

In Florida, an Arthur hearing may be held to see if the defendant should be granted a discretionary bond. If a victim "doesn't show" for this, it doesn't mean the charges will be dropped.

A victim doesn't need to appear at sounding.

If a victim repeatedly...
Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Florida on
Q: In the state of Florida is it a law that you have to press charges on your abuser with an open CPI Case?

They are trying to take not give me back my kids what type of lawyer do I need to hire to sue the are doing discrimination of me and my Rights

Michael  Mayoral
Michael Mayoral answered on Nov 3, 2021

It is not a Florida law that says that you must press charges, however, generally speaking, the Florida Department of Children and Families can remove a child from a home if they can show the home is dangerous for a child because of ongoing domestic violence. You should consult with a family law... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: If some one busted my lip and spit in my face and they have hiv what can I do?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 24, 2021

You can report them to the authorities and request that you assailant be criminally prosecuted. If you contract HIV, the charges would probably be much more serious.

And, again if you are infected, you would also cause to file a civil lawsuit.

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1 Answer | Asked in Domestic Violence for Florida on
Q: My daughter was beaten and strangled with a leather belt by x boyfriend infront of her 2 sons all on video .

Now he has found away to flush her out from hiding for there life. he filed emergency sole custody and got it and had a pick up order for her children now police came to her safe house and arrested her with a charge of kidnapping her own children,took her boys and said they were going to cac but... Read more »

Michael  Mayoral
Michael Mayoral answered on Oct 22, 2021

Your daughter needs to go to a police station with the evidence you are talking about and report the crime. They should find probable cause to arrest him, eventually arrest him, and a stay away order will be entered to make it illegal for him to contact your daughter during the pendency of the... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: is it legal for the state attorney to file two separate battery charges for the same altercation
Michael  Mayoral
Michael Mayoral answered on Oct 13, 2021

Generally speaking, it is legal. For instance, if a defendant kicks someone, walks away, and then comes back and punches the person, that is an an example of two different acts of battery, and two crimes. However, such a matter requires a very detailed factual analysis to determine if the defendant... Read more »

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1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: Can I be abused of kidnapping if the mother got arrested for domestic battery against me? Child is with my mom in Ga

I’m from Ga living in FL and my mother has offered a safe place for my child to go seeing as how the mother of my child got arrested yesterday for violence against me and do not want to be risking it anymore around my child in the same house as well with our names on it. She is now bonded out and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 9, 2021

I think you mean 'accused of kidnapping". She could accuse you, but it's extremely unlikely that anyone will take the accusation seriously.

1 Answer | Asked in Divorce and Domestic Violence for Florida on
Q: 18 years married. Domestic abuse. HIS NAME ONLY ON ALL ASSETS. Rights to alimony & half of assets if she divorces him?
Rand Scott Lieber
Rand Scott Lieber answered on Oct 6, 2021

What is important is how and when the assets were paid for. If they were accrued and paid during the marriage then they are marital assets regardless of title. The marriage is long enough for alimony. You must next look at one party's financial need and the other party's financial ability... Read more »

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Florida on
Q: I am looking for a divorce lawyer, family law,and domestic abuse for my niece. She lives in Port St. Lucie Florida.

My niece has 3 girls and is married to a man that has been abusing her and the girls for years. She and the girls are finally safe living with her mother in Port St. Lucie Florida! This man has restraining orders against him from his own mother and father, and now sister. I need a lawyer to help... Read more »

Laura E. Kenney
Laura E. Kenney answered on Oct 6, 2021

As a former prosecutor who specialized in domestic violence crimes I am well aware of the complexities facing a woman in your niece's situation. I am glad to hear she has an injunction protecting her and the children. Divorces with family violence must be carefully navigated. Please contact... Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Florida on
Q: Can past DVI be removed from record in FL?

7 years ago was in a dispute with family member. Nothing physical but petitioner lied and said I was.

Deputies saw those claims were unfounded but the emergency DVI was granted till court hearing.

I didn’t want this family member around me no more as they were very dangerous... Read more »

Michael  Mayoral
Michael Mayoral answered on Oct 1, 2021

You should look up the state law where you are seeking a carry permit, but in Florida and federally, the prohibition against carrying firearms and permits generally pertains to current/in place domestic violence injunctions as well as past convictions for crimes of domestic violence, which, per... Read more »

3 Answers | Asked in Domestic Violence and Immigration Law for Florida on
Q: I have my citizenship interview scheduled for November, and I am going through domestic violence situations at home.

I want to separate for my safety and the safety of the child. If I do, do I lose the chance of getting my citizenship? The US Citizen spouse is abusive in many ways, I have police reports, pictures etc. I work for attorneys in Family Law, I am aware of how divorce and injunctions work. However, I... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 19, 2021

Your situation is very sensitive to dispatch with just one remote legal opinion without a case review and your direct participation. It requires a comprehensive legal case assessment either in person or remotely by Zoom with an experienced immigration attorney of your choice.

At that time...
Read more »

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1 Answer | Asked in Domestic Violence and Landlord - Tenant for Florida on
Q: I leased an apartment but had to leave due to domestic violence. I fell behind on rent due to not being able to work.

My landlord is trying to evict me. Is there any domestic violence laws that protect me?

Barry W. Kaufman
Barry W. Kaufman answered on Sep 9, 2021

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.

1 Answer | Asked in Divorce, Civil Litigation, Domestic Violence and Legal Malpractice for Florida on
Q: Conflict of interest

Partners

Nicole Vette
Nicole Vette answered on Aug 21, 2021

If you no longer trust or have faith in your attorney it sounds like you should consider hiring new counsel.

1 Answer | Asked in Domestic Violence for Florida on
Q: My spouse had me arrested for domestic battery and put a temporary injunction on me what do I do
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 31, 2021

Comply with the temporary injunction. Get an attorney.

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