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Florida Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Didn't know about warrant from last yr p/u this yr. State p/u case & dropped case. Can i get this removed from my record

Estranged husband filed charges against me for dv. I did nothing 2 him. Warrant issued last yr had no idea about it until this yr. Went 2 court no charge, but it's on my record. Can i get this removed?

Jonathan Blecher
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answered on Oct 24, 2016

Yes, you can, if there were no charges filed against you.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: Father of 3 ur old has not seen child in 9 months, just filed petition for visitation. He is a registered sex offender

His sex offender charge was 800.04 lewd and luscious sexual battery on minor under the age of 15 . I am seeking supervised visitation, also I do not think mediation is going to go smooth due to what I seek and his past. But wanted to know if this kind of case ends up with us having a guardian ad... View More

John Arthur Smitten
John Arthur Smitten
answered on Oct 18, 2016

He actually is entitled to see the child(ren) but in this case it should be at a visitation center only. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Is there a way for me to get less time being as though without the battery they didnt have a reason to stop me?

I was recently pulled over because my ex & i were arguing with the windows down. She said she was going to call the police and tell them i was driving with a suspended license. She reached for her phone. I grabbed her hand there was a patrol car a short distance away who heard the camotion. He... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 16, 2016

Although the battery charge was dismissed (because, upon further information it appeared that you were not guilty), there was still, at the moment you were pulled over, probable cause to suspect that a battery had been committed. Thus, no; you were properly convicted of driving with a suspended... View More

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: What happens when dcf asks you to take a drug test and you don't go

Hi Dcf came to my house early in the morning woke me out of my sleep. They had received a complaint about domestic violence in the home with my boyfriend/sons father as the abuser never towards our son just towards me. I have a panic anxiety disorder and being half a sleep they tricked me into... View More

John Arthur Smitten
John Arthur Smitten
answered on Sep 25, 2016

Unless they have some type of warrant or court order then you are not under any duty to comply. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: pro-se petitioner stalking case, will judge listen to voicemail & view video?

how do I present it(DVD, Iphone, android device?)?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 21, 2016

Call the judge's judicial assistant (secretary) and ask what format the judge prefers.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Florida on
Q: Can I get Child Support if I have a Injunction in place to project myself and my child?

I have had an Injunction in place since 2015. If I do get child support will the father get rights to see the child? He has violated it in 2015 and the judge put it in place for "Further order of the court".

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

Yes you are entitled to child support. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Florida on
Q: My husband in in jail on pretrial for felony domestic violence by strangulation with no bond.

I want to file for divorce. what are my rights with this situation. do I have to pay for it? what about the divorce packet?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 12, 2016

Yes, there is a filing fee. I believe you can download the divorce forms here, at no cost:

http://www.okaloosaclerk.com/index.php/records-disclaimers/79-self-help-disclaimer

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Florida on
Q: can someone file for custody after they've been arrested for domestic battery?
Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Sep 4, 2016

Up to a judge, but would be highly unlikely with a history of violence over the current guardian

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1 Answer | Asked in Domestic Violence for Florida on
Q: Does school attendance matter if your on probation for domestic battery and your a month away from being 18
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 22, 2016

Are you asking about truancy laws or are you asking about probation?

Truancy: no.

Probation: maybe, depending on the terms of probation.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Order Setting Hearing/DV W/O Temp Injunction-Judge What does this mean my sister was trying to put a restraining order
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 10, 2016

From the title, I assume it's an order signed by a judge setting a hearing on a domestic violence hearing. It is before a judge (as apposed to a standing magistrate, I guess). What part don't you understand?

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: What does this mean? ORDER DENYING PETITION FOR TEMPORARY INJUNCTION WITH A COURT DATE

Someone filled injunction papers out, this is what was on the public records page. How do I know the date? How can I find out information about this?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 29, 2016

It means that someone asked for a temporary injunction, but the judge said "no, not yet", and instead set it for a hearing.

1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: same situation did closed case 2nd incident. he is taking AA and batters intervention would etc take my kids

domestic battery against husband 1st time dropped 2nd taken into custody and sentenced enrolled in AA and taking batters intervention if we try working things out and getting back together taking marriage classes and things together to build our relationship will dcf take the kids closed the case... View More

John Arthur Smitten
John Arthur Smitten
answered on Jun 27, 2016

probably not. Make sure you continue in counselling.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Florida on
Q: My husband and i had a dispute and seperated. Fl Police were called and hasn't returned. He actually left state.

What happens now?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 31, 2016

Can you be more specific? If one of you wants a divorce, you file for one. If there are children, or if there is property involved, those issues would be addressed.

1 Answer | Asked in Domestic Violence for Florida on
Q: hello how are you i have been hit in the head with a gun by my father in law with my daughter around how can i get

justice and a junction

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 26, 2016

Best way to get an injunction is to hire an attorney. It's too complex a process to describe here, and it will depend upon a lot of details you have not provided. Or you might want to ask the clerk of court if "do it yourself" forms, for a restraining order are available.

1 Answer | Asked in Criminal Law, Domestic Violence and Personal Injury for Florida on
Q: What type of lawyer would I need that handels harassment? I'm not even sure if that is the correct word.

I'm had relations with a friend and we have officially finished it and walked away. However his wife is the one I am having issues with. I do not want communication with her but she's insisting . I have numerous emails both harassing and threatening n now showing up at my doorstep. She... View More

David Alan Wolf
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answered on Apr 7, 2016

You can consider filing an injunction against this woman. There are certain requirements to meet and prove for the injunction to work. I suggest that you contact a civil, family law, or criminal defense attorney to discuss further. Good luck.

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: Can I file a restraining order for my child against her father of we have a temporary standing order?

My daughters father took her from me and refused to give her back but I took her back last week and have pictures and video evidence that he was leaving bruises all up and down her legs and butt. However we have a temporary standing order that says I must allow contact. Am I allowed to file a... View More

John Arthur Smitten
John Arthur Smitten
answered on Feb 26, 2016

If you want immediate action then contact DCF.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey, Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

(727) 799-3900

jsmitten@careyandleisure.com

1 Answer | Asked in Domestic Violence for Florida on
Q: Is there a way to have a dissolved injunction expunged from the record?

I was arrested on false allegations of domestic violence. The case was dismissed and expunged.In the expungement I included the injunction but it still shows up. So I petitioned the family court to set a motion to expunge the injunction. I went to court and the judge set a continuation for 1 month.... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Dec 17, 2015

The argument is that it is scandalous and should be stricken from the record.

1 Answer | Asked in Domestic Violence for Florida on
Q: Is it a violation of an injunction if a victims family member messages a friend of the defendant?
Robert Jason De Groot
Robert Jason De Groot
answered on Dec 17, 2015

There are not enough facts given here for a full answer. Is the victim trying to contact the defendant? Probably not.

1 Answer | Asked in Domestic Violence for Florida on
Q: I am the victim in a domestic violence case with my ex boyfriend. Can I move out of state while the case is still open?

He has been locked up since April & the court is constantly sending me papers about pre-trials, when will it end?

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 18, 2015

You can call the victim advocate at the local state attorney's office and discuss this.

1 Answer | Asked in Domestic Violence for Florida on
Q: Can i relocate out of state with kids while married with a history of domestic abuse?

Married 17 years, 3 kids with same spouse. Recent conviction of abuse.

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 10, 2015

If you do not have his written permission to move, you should not attempt to do this. Go see a family lawyer for a full discussion.

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