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Florida Domestic Violence Questions & Answers
4 Answers | Asked in Divorce, Domestic Violence, Real Estate Law, Tax Law and Family Law for Florida on
Q: What are my legal options to recover funds invested in a house co-owned with ex, considering a restraining order and inheritance sale proceeds in Florida?

I inherited a house and sold it, using the proceeds to jointly purchase a new house with my ex-girlfriend. Due to a court-imposed restraining order, I am legally barred from the house we co-own. Both our names are on the deed. I have documentation proving that the funds I contributed to the... View More

Kunal Mirchandani
Kunal Mirchandani
answered on Jun 18, 2025

If you co-own a home in Florida with your ex-girlfriend and contributed funds from the sale of an inherited property, you have several legal options to recover your investment—despite being barred from the property due to a restraining order.

Because your name is on the deed, you are...
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4 Answers | Asked in Divorce, Domestic Violence, Real Estate Law, Tax Law and Family Law for Florida on
Q: What are my legal options to recover funds invested in a house co-owned with ex, considering a restraining order and inheritance sale proceeds in Florida?

I inherited a house and sold it, using the proceeds to jointly purchase a new house with my ex-girlfriend. Due to a court-imposed restraining order, I am legally barred from the house we co-own. Both our names are on the deed. I have documentation proving that the funds I contributed to the... View More

Joseph Martin Dobkin
Joseph Martin Dobkin
answered on Jun 18, 2025

You have two distinct but connected issues here: (1) recovering your investment in the co-owned home despite the restraining order, and (2) potential IRS tax consequences related to the sale of the inherited property.

1. Recovering Your Investment in the Co-Owned Home (Florida)

Even...
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2 Answers | Asked in Landlord - Tenant, Domestic Violence and Real Estate Law for Florida on
Q: Help for eviction and abuse in Florida

I live in Florida and have been living with an emotionally abusive man for five years. We have no written tenancy agreement, but I paid rent weekly in cash until he first attempted eviction by falsely claiming I was a squatter. He refuses to write me receipts or accept electronic payments, and... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 10, 2025

The way to "manage the situation" is for you to leave. Find someplace to go. Staying with someone who is abusive and destroys your property is ridiculous - any place is better than living in fear. There are shelters, etc. At some point your physical safety and mental health is much more... View More

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Florida on
Q: How can I pursue a legal custody agreement and address co-parenting and domestic violence challenges safely?

I co-parent with my child's paternal grandmother instead of his father, who hasn't worked for over a year despite having several skills. I'm the primary caregiver according to child support documents, but there is no legal custody agreement, and he's ordered to pay $0 in child... View More

Pamela J. Fero
Pamela J. Fero
answered on Jun 4, 2025

You do have options under Florida law to pursue legal custody, establish parental responsibility, and protect yourself and your child even with a past felony or the father’s veteran status. Although you're currently co-parenting informally with the child’s paternal grandmother and the... View More

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2 Answers | Asked in Landlord - Tenant, Estate Planning, Domestic Violence and Real Estate Law for Florida on
Q: I'm power of attorney for my sister. How can I legally evict her boyfriend from her house in Florida?

I am my sister's full power of attorney. She recently had a medical emergency and is currently in rehab. Her boyfriend is living in her home, believing he has the right to stay, although there is no written lease agreement. What are my legal rights to evict him, and how do I proceed? I’m... View More

Symantha Rhodes
Symantha Rhodes
answered on May 27, 2025

As your sister's full power of attorney, you generally have the authority to manage her property and legal affairs, which includes the ability to initiate an eviction. Ensure the power of attorney document specifically grants you the authority to manage real estate matters and undertake... View More

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3 Answers | Asked in Divorce, Domestic Violence, Employment Law and Family Law for Florida on
Q: How can I get a divorce and seek support in Florida due to emotional and verbal abuse?

I want to divorce my husband, and I've been married to him for nearly six years. I have never worked, and he has been in charge of everything financially. We don't have any children or shared property. I am seeking alimony and assistance to move out of state. My husband has alcohol... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 23, 2025

Go consult with a local family lawyer that offers a free consultation. You may be able to seek support for a short amount of time but in a six year marriage you are going to be expected to support yourself. Spousal support is based on your financial need and his financial ability to pay. Speak with... View More

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: Can my 15-year-old refuse visitation with a noncustodial parent in Florida?

My 15-year-old daughter was ordered to have biweekly visitations with her noncustodial parent through a court order established in 2010. However, she has undergone therapy since 2021 due to highly volatile interactions, including threats and verbal abuse from the noncustodial parent aimed at both... View More

Destardes Moore
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Destardes Moore
answered on Apr 16, 2025

In Florida, a 15-year-old cannot unilaterally refuse court-ordered visitation, but the custodial parent can petition to modify the visitation order by demonstrating substantial changes in circumstances and showing that the current arrangement endangers the child's mental or emotional health.... View More

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3 Answers | Asked in Domestic Violence, Divorce and Family Law for Florida on
Q: What steps for confronting cheating husband safely and legal protection?

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

Kunal Mirchandani
Kunal Mirchandani
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

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3 Answers | Asked in Domestic Violence, Divorce and Family Law for Florida on
Q: What steps for confronting cheating husband safely and legal protection?

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

Rand Scott Lieber
Rand Scott Lieber
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

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2 Answers | Asked in Child Custody, Child Support, Family Law and Domestic Violence for Florida on
Q: How can I file for full custody in Florida when child's father is absent and neglectful?

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

Rand Scott Lieber
Rand Scott Lieber
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

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3 Answers | Asked in Adoption, Child Custody, Child Support, Domestic Violence and Family Law for Florida on
Q: Can my husband adopt my children if I have full custody and their birth father has visitation rights, but hasn't visited since 2022 and is behind on child support?

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

Daniel A Bachert
Daniel A Bachert
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...
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1 Answer | Asked in Child Custody and Domestic Violence for Florida on
Q: Can a felon be granted 50/50 custody if there are concerns about other parent's caregiving?

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

Rand Scott Lieber
Rand Scott Lieber
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

1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: If there is an injunction with a contact provision of using an app for child communication, am I required to do so?

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

Terrence H Thorgaard
Terrence H Thorgaard
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...
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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: How to reverse a no cohabitation

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

Leonard Louis Cagan
Leonard Louis Cagan
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

1 Answer | Asked in Domestic Violence for Florida on
Q: About two years ago My soon to be ex wife moved to down south Florida and filed a domestic violence injunction against m

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

Jeffrey H. Garland
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Jeffrey H. Garland
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

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Florida on
Q: My ex wife has an injunction against me. I am attending BIP and on probation. The injunction currently only allows for

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

Rand Scott Lieber
Rand Scott Lieber
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.

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

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