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Florida Domestic Violence Questions & Answers
1 Answer | Asked in Family Law, Domestic Violence and Real Estate Law for Florida on
Q: I have a Domestic Violence Injunction against my ex, can he default on the loan on our house?

we have 3 kids who I have full custody of, he does not pay child support or help, we purchased the house together, his name is solely on the loan documents, but i am on the title and taxes, can he legally default on the loan on our house?

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

If he signed the mortgage note, and a mortgage payment is not made when due, both of you will be in default. If so, the mortgagee (lender bank or other institution) can foreclose, and seek a deficiency judgment against both of you.

You indicate that he is your "ex". Do you mean...
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1 Answer | Asked in Domestic Violence for Florida on
Q: If a person charged with domestic battery but the person doesn't press charges will the charged be dropped

Florida

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 26, 2017

This question was posted in the Texas forum but is about a Florida case. Re-post this question with the location set to Florida.

In Texas, the answer depends on the jurisdiction. For example, in Travis County the prosecution doesn't necessarily care what the alleged victim wants...
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1 Answer | Asked in Domestic Violence for Florida on
Q: If child sexual abuse happened in GA during a road trip but both accused & victim lived in FL, where is jurisdiction?

Both the accused and the accuser had residence in FL at the time of the offense, but currently only the accuser does. The accused has since moved to GA.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 15, 2017

I think Georgia would have exclusive jurisdiction regarding possible prosecution.

1 Answer | Asked in Domestic Violence for Florida on
Q: Live in GF arrested for DV against me. Her mother took all her belongings. Does ex Gf have right to come & take more

What r my rights if Gf mother removed all her belongings from the house we shared? Is ex allowed to return to get anything else

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 14, 2017

Is this a trick question? No, she cannot take anything that doesn't belong to her.

1 Answer | Asked in Domestic Violence for Florida on
Q: Left my abusive ex and could not bring my belongings. Need legal advice on what to do to recover my personal items.

Ex boyfriend and I are not talking. He is abusive and has threatened to hurt me if I come near the house we shared together to pick up my personal items. I live in Florida now and my belongings are at his house in Louisiana.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 3, 2017

It's a matter of Louisiana law, but in general the first thing you should do is ask the sheriff's office or other police agency where your ex lives if they will assist you. If they won't, you might want to re-ask this question in the Louisiana law forum (Justia>Ask a Lawyer>Louisiana).

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: Can I get full custody of my son when the father is charged with domestic violence charge

He's been arrested for battery assault on a pregnant woman knowing

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Mar 2, 2017

It can help but there is not enough information for me to give you an intelligent response

1 Answer | Asked in Civil Rights, Domestic Violence and Personal Injury for Florida on
Q: Hello, I'm an currently trying to file a law suit on someone that violated my personal space and home.

This person planned this, He punched me in the face, three other people were in the house against me, They lied to the officers and said that I went into the kitchen and stabbed him, When he was originally stabbed by his girlfriend a week before, while I was in Brooklyn, Ny for my Grandfather... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 16, 2017

You would but if no witnesses back you that could sink it. Your biggest problem is that the person doesn't have money so

you will spend time and money and never see anything. Maybe spend that time and money getting some PTSD therapy and look to moving away.

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: I filed a DV Injunction against my ex. He's avoided being served. Is it a violation of it for him to move out of state?

The DVI is in Florida. I am told by a relative he did notify the courts he was moving but the Sheriffs tell me they don't know where he is. We had court this morning. He was a no-show. The DVI got extended.

John Arthur Smitten
John Arthur Smitten
answered on Feb 10, 2017

It is not a violation if he moves.

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Florida on
Q: Exwife is dating man 6 arrests for domestic violence (battery, aggravated stalking). What can I do? Can I get full cust?

Don't want this man around my kids. What can I do? I'm worried for their safety.

Mr Eric Klein
Mr Eric Klein
answered on Feb 3, 2017

It is possible to keep your kids away from this man. But, in order to answer your question, I would need more information. Feel free to call me to further discuss you matter.

1 Answer | Asked in Domestic Violence and Immigration Law for Florida on
Q: my friend got arrested for DOMESTIC VIOLENT AND SHE NOT RESIDENT YET HOW WE CAN GET HER RELEASE FROM PRISON?

THE JUDGE SAID SHE HAVE TO PAY 100$ BOND BUT SHE HAVE A IMMIGRATION HOLD BECAUSE SHE DIDNT APPLY FOR RESIDENCY BUT SHES MARRIED TO A US CITIZEN

THERE IS ANY WAY TO GET HER OUT FROM PRISON?

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Jan 31, 2017

You need to contact an immigration attorney who also handles criminal defense.

1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: I am waiting on my divorce decree. I just find it unfair and for the safety of my daughter. There was domestic violence.

There was a restraining order filed against him, but then he requested to have it terminated once he finished the domestic violence class. The termination was granted and then for the divorce, he was granted to get her every other weekend. And I don't find that safe at all. He says he learned... View More

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Jan 31, 2017

No attorney can properly answer with question without many, many more details. If a judge already ruled, it is not up to me to decide if that was the "right decision." You should have had an attorney with you at that hearing. I wish you the best.

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: Can someone who isn't kin or legally a guardian to a child legally beat them/ give them whoopings resulting in bruises?

My mothers boyfriend lives in our house and often "punishes" my little sister. He punishes her but continuously hitting her with various things and saying very mean and rude things. She is often left with bruises and welts after these beatings and crying severly. During the beatings she... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 19, 2017

Your mother may, in general, use corporal punishment to discipline your sister. The boyfriend presumably has your mother's permission to do so as well, it would be called delegated parental authority.

Whether or not he were kin (i.e.: cousin, uncle, grandparent, etc.) would make no...
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2 Answers | Asked in Domestic Violence and Child Custody for Florida on
Q: What will happen if 1 year old & I leave abusive father?

Been with babys father for 3 years. He has been abusive to me in front of my child & now that I want to seperate what will happen? Ive lived with him for 2 years & he has not let me have a job and demands all the babys belongings(crib, carseat, etc...) will stay at his house. I plan on... View More

John Arthur Smitten
John Arthur Smitten
answered on Jan 16, 2017

File for a restraining order and for full custody asap. Retain a lawyer.

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1 Answer | Asked in Domestic Violence for Florida on
Q: How long can I wait to report being assaulted ?

Happened sept.18

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Jan 3, 2017

Too long for imminent danger. Can certainly be used to show a history. Are you attempting to seek a restraining order? For that, it is too long. Next time (and I hope there is not one), report immediately.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Florida on
Q: I put an injunction on my daughter's father for laying his hands on me our two year old. They servedinjunction he came

to house and try to get in after the injunction was served he got arrested we had court for the junction the judge granted me 100% custody of my child with no visitation at all to him. State attorneys have picked up charges to go after him they do have a warrant for his arrest now. Im confused I... View More

John Arthur Smitten
John Arthur Smitten
answered on Dec 12, 2016

You should file a case in family court for 100% custody. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Domestic Violence for Florida on
Q: An I allowed to still live in the same home as my sister , after she's filed a police report for domestic violence ?

I currently pay bills in the home , receive letters , I'm on probation and it's my residing address.

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Nov 28, 2016

If there is no restraining order or "no contact order" in place, then you are allowed to be in the house.

1 Answer | Asked in Domestic Violence for Florida on
Q: My daughter and me have been in abuse relationship for years. We finally left press charges, dcf, injunction was served.

The abuser came to the house even knowing that injunction was served to him. He got arrested I called 911. Do you think court is going to give me custody after court hearing? They already gave me 100% time with my daughter for the injunction. He refuse to take a drug test is a big drug addict. He... View More

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Nov 18, 2016

Based on what you are telling me, yes you should get full time sharing with your daughter. He will most likely be given some type of case plan through DCF if he ever cooperates with them. You really should contact an attorney locally (I am in Fort Lauderdale) to help you. Stay safe and protected... View More

2 Answers | Asked in Divorce, Family Law, Tax Law and Domestic Violence for Florida on
Q: I want to divorce my husband. I've survived 15 years of domestic abuse and want to find out how to get allimony.

I have limited income from my job. Legal aid won't help. Any suggestions?

Mr Eric Klein
Mr Eric Klein
answered on Nov 10, 2016

Alimony is based on your need and your husband's ability to meet that need. Your question assumes that you you will get alimony, but without knowing your income and your husband's income, it is difficult to say. But keep in mind, in order to get alimony your husband has to have the... View More

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1 Answer | Asked in Child Support and Domestic Violence for Florida on
Q: I have applied for child support enforcement with out a child support order in place, I received sole custody without

Orders in place because of a pending move to Florida, I have been told it could take up to a year to get anything in place to be enforced. I need to know how I can expedite a child support order so I can force Texas to do the right thing

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 2, 2016

You and the child are in Florida but the other parent is in Texas? You could, of course, sue the other parent for child support rather than wait for child support enforcement to do it. That might speed up things.

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