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Florida Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence and Child Custody for Florida on
Q: My husband has a restraining order on him for over a decade now. His kids are now over the age. Can he contact them??

He was Young then. Case is out of Tampa Florida. Which included the kids. Can he violate if he contacts them? Of course he would do it over social media not in person.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 15, 2018

One would have to read the text of the restraining order.

2 Answers | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for Florida on
Q: What to do if you been evicted from a situation which accured in 2016.Stayed in home 2 years after just being evicted

I lived in housing a domestic altercation happened they went to jail used my address I renued my lease 2017 and 2018 just to be put out two years later only given seven days to move me and five children

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Feb 8, 2018

Not much, if you're evicted or no new lease given you must lease.

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1 Answer | Asked in Domestic Violence for Florida on
Q: Can you be sued in Florida for a battery that occurred in Tennessee?

My wife got into a fight with her sister in Tennessee. My wife says the sister hit her first and my sister in law states that my wife assaulted her unprovoked. There was dental injuries to my sister in law. Can my wife be sued in Florida?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 1, 2018

If Florida is the state where your wife resides, yes.

2 Answers | Asked in Criminal Law, Divorce, Child Custody and Domestic Violence for Florida on
Q: If the judge said no and set a hearing for an injunction...what happens if one of the parties doesn't show up?
Rand Scott Lieber
Rand Scott Lieber
answered on Jan 25, 2018

Depending on which side does not show up, the judge will either have a hearing without the Respondent there or the judge will dismiss the case if the Petitioner is not there.

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1 Answer | Asked in Domestic Violence and Small Claims for Florida on
Q: If my ex admitted in text messages that he damaged my property, how do I go about suing him?

I have a domestic violence case against him and my tv that he damaged is in the police report. But my car that he damaged (and also admitted to damaging and paying for) happened a month before.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 25, 2018

Have you contacted your automotive insurance carrier?

2 Answers | Asked in Divorce, Child Custody and Domestic Violence for Florida on
Q: daughter is in fear of husband going back to WI to file for divorce to make her return with kids. Is a domestic abuse v

the husband is currently in jail for abuse to my daugher and my oldest grandson, age 12. They have only been here for one month, He states that in WI they will make her come back, but they have no place to go. She is the worker, not him and is currently applying to go to school. Can he make her... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 6, 2018

Theoretically, yes. But it's probably not likely in my opinion. My guess is that he is bluffing.

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1 Answer | Asked in Civil Rights, Domestic Violence and Juvenile Law for Florida on
Q: i am 16 and my ex bestfriend is 19 and she keeps saying she will fight me and then talks about me online.

would i be able to call the police and something happen, and would i be able to get a restraining order

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 3, 2018

If you are reasonably fearful that she will physically attack you, seek a restraining order.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: I'm asking in regards to my husband. He was arrested for domestic violence. How do I get charges dropped?

We are going through hardship right now. We got into an argument and he put mustard all in my hair. For it not to escalate any further I called the police. Thinking they'd give warning. Well they arrested him for misdemeanor. He was arraigned today. Bond is $10000.00 and we aren't allowed... View More

Shiobhan Olivero
Shiobhan Olivero
answered on Dec 18, 2017

The decision to prosecute someone or not is the sole discretion of the State Attorney's office. You can call their office and file a "request not to prosecute" but this does not guarantee the State will not proceed forward.

As for the contact, you can file a motion to...
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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Is it legal to request people to get pictures and video of you and send it to them

There was a man on Facebook who has been cyber stalking me for months because I exposed him for being a scam artist and now he's asked his followers to find me physically and to stalk me and take pictures and video of me and send it to him so he can post them on his page to continually harass me

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 8, 2017

It may be a crime; report it to your local police or sheriff.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: hi , how can we try and prevent a mother from taking the child out of state if she put a new restraining order on him ?

she revoked his bond got him arrested and placed a restraining order on him all in the same week, she keeps posting about moving to another place how can we stop her from moving the child and fight this "?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 30, 2017

File a court action to enjoin the move.

1 Answer | Asked in Domestic Violence for Florida on
Q: Restraining order

Hello Theres currently a restraining order set in put on my ex boyfriend we have a child in common. He has gotten arrested for violating it I do not want to press charges he texted me one day just to ask for his daughter and that he was in depression because he hasn’t seen her for 7 months and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 29, 2017

Yes, go to the hearing and see if the court will dismiss it.

1 Answer | Asked in Divorce and Domestic Violence for Florida on
Q: How can I get free legal help for a dissolution of marriage due to domestic violence. I got married 7 moths ago.

I am the only one working with a 16 yr old son and struggling financially. I want this marriage dissolution as son as possible but I don't know how to get help or where to get help.

Mr Eric Klein
Mr Eric Klein
answered on Nov 9, 2017

Look for your local legal aid office in your county. Good luck.

1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: I got married in March 23 2017. I want to ask if my marrieage can be annulled due to domestic violence. I have proof jai
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 9, 2017

I don't know if a court action for an annulment, as opposed to a dissolution (or divorce) is currently possible, but in any event I don't think that domestic violence would be grounds for an annulment. The remedy is dissolution.

1 Answer | Asked in Domestic Violence for Florida on
Q: My wife fail to update her new address.

My wife falsely accused me of Domestic Violence and a temporary injunction was granted against me. Now she moved from her home but din´t update her address. As far as I understood she has to update her address immediately. She also got a Temporary Child Custody and is hidden my baby from me. What... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 6, 2017

Move to dismiss the temporary injunction. You should include a proof of service at her last known address.

You should also notify the authorities that she appears to have committed a violation of Florida Statute 787.03 Interference with custody; or 787.04 Removing minors from state or...
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1 Answer | Asked in Criminal Law, Domestic Violence and Juvenile Law for Florida on
Q: If I fight with a 17 year old being that I am 18 can I get into any seriois trouble? Being they are still a, "Minor."
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 5, 2017

Yes, you can. The minor's age doesn't matter; you are considered an adult.

1 Answer | Asked in Domestic Violence for Florida on
Q: I was arrested in the city of ops locks Florida for domestic violenc, the officer put down the wrong social,

Is there anything that I could do about that

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 2, 2017

No. It really doesn't make any difference.

1 Answer | Asked in Child Custody, Child Support and Domestic Violence for Florida on
Q: I filed for child support a year and a half ago and I never got a court date. Should I refile or get a lawyer?

I would like minimal custody for the father because he has an abusive past.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 22, 2017

You definitely should get an attorney if possible.

You mention custody, but you write that you filed for child support. Did you also file for custody? Because they are usually two separate issues.

If you filed some 18 months ago, and nothing has happened, you should contact the...
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1 Answer | Asked in Civil Litigation, Domestic Violence and Landlord - Tenant for Florida on
Q: My son has been living with his g/friend for 5 yrs. He ended the relationship on 9-14, and gave her to 10-1-17 to move.

My husband and I are both retired from law enforcement and are aware of the eviction law in Florida. The problem, other than the money involved in eviction, is that the cases are usually so backlogged, the judges usually have eviction cases on their desk for up to a month before rulingand my son... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Oct 5, 2017

You did not ask a question. You give a set of facts but no question.

You state you know the process so nothing to do but get to it.

Good luck.

1 Answer | Asked in Domestic Violence, Family Law and Divorce for Florida on
Q: My husband was arrested for domestic violence he was bonded out and I dont know whats going on I Havent heard anything

I have been staying with my parents unable to retrieved my things or return home because I do not know if the is a no contact order in place and need some legal advice. Do I need to obtain a lawyer to legally get my personal property and to see what happens with our children? Thank you

Mr Eric Klein
Mr Eric Klein
answered on Sep 20, 2017

Go to the police station where he was arrested to see if a no contact order was issued. If so, obtain a copy. Then, ask for a police escort home to get your things. Next, you should immediately appear at your local courthouse and apply for a restraining order. Once issued, that should get you back... View More

1 Answer | Asked in Domestic Violence, Family Law and Legal Malpractice for Florida on
Q: Is it legal for my soon to be ex husband to retain my defense lawyer for his present domestic violence case?

I was convicted about 1 1/2 yrs ago. Right now I have a domestic violence case against my husband and he has retained the same lawyer that represented me. I gave that lawyer lots of very personal detailed information about myself and about him. Is this legal for the same lawyer to represent both... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 30, 2017

It indeed appears that the lawyer has a conflict of interest which would preclude him from representing your ex in the DV case.

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