My child was taken because of domestic violence that he witnessed one time my child is 15 years old I am 52
answered on Jun 28, 2022
I’m not sure if the injunction was a civil one, a DCF injunction or a criminal no contact order. It may be a combination of things. In any event, you need to file an action for dissolution of marriage or a paternity action. I would strongly suggest that you hire a qualified family law attorney to... View More
No contact in nearly 20 years.
answered on May 19, 2022
Retain an attorney to file a motion to dissolve the injunction. Your attorney should guide you on whether it is feasible- it often is. Notice should be given to the Petitioner if possible, and the matter should be set for a hearing.
My friend has a pending case for battery. However the accuser instigates every situation. Then will say he wants to talk it out only to pick a fight and then call the police on my friend. He calls, texts, emails, and shows up at his job saying that he is going to get my friend fired. But when the... View More
answered on May 16, 2022
Obviously, your friend would be wise to not continue to meet up with the accuser. Problem solved.
My friend has a no contact order against her in Citrus County, Florida from her ex boyfriend. He repeatedly found ways to contact her even though she blocked him. He eventually told her he dropped the no contact order. So she talked to him and eventually moved back in with him. Well when she found... View More
answered on May 3, 2022
She should immediately report the situation to the court. If he still has her phone, but she was able to tell you about it, I suggest you contact the state attorney and the court (i.e.: the judge's judicial assistant)..
An injunction has been placed onto me from another state, now I must attend a firearm surrender hearing that I cannot attend. It is across the country. I have no firearms to forfeit, is it possible to simply mail in the statement? If I don't attend, will a warrant be issued for my arrest in... View More
answered on Apr 6, 2022
I suggest consulting with attorneys within the jurisdiction where the hearing is scheduled to take place.
The judge ruled that everything would be thrown out and that we should just get divorced. We both agreed and she has now filed a restraining order against me over the same incident that was thrown out. Please help.
answered on Apr 1, 2022
It depends on the facts alleged in the first case, but it is quite possible that she could indeed get a restraining order.
answered on Mar 14, 2022
Not enough info to answer the question.
Do you have an order of protection? A motion is a request, so file a Motion to cancel mediation or just call it a Motion and then in paragraph format state what it is you want and why. Try setting it for a hearing before your mediation date.
Good luck.
I have pictures of the bruises on my face of that day. I did not call the police, and I did not want to charge her. But she is telling the police I hit her when I merely grabbed her hand to stop hitting me. I later found out she withdrawn money from my account. All of this happened when I told her... View More
answered on Mar 13, 2022
You did not mention what the hearing was about so I cannot give you insight on that. I do recommend that you file for divorce as soon as possible.
We went to court twice. My lawyer called my x into the hall to talk before he even acknowledged me both times. Permanent DVI hearing, my lawyer has nothing of mine to present to the judge. No pics of all the bruises, no police rpts, nothing. My Permanent DVI was denied. CPS requested emergency... View More
answered on Mar 13, 2022
The Florida Bar has an ethics hotline that you can contact anonymously and ask if there was a conflict of interest. Just google Florida Bar Ethics Hotline and you should be able to find it.
My mother was brutally beaten by her husband now ex. This took place less than a year ago. My mother was very healthy until he had beaten her and she was hospitalized. She had neurological damage, bleeding of the brain etc. I want to have an autopsy done to find the cause of death so that if it was... View More
answered on Mar 8, 2022
First, I would file a police report with the local agency who investigated the assault to put them on notice that your mother has died and you believe that it was caused by the first assault. There is a year and a day rule that most jurisdictions follow that establish that if a death occurs within... View More
a nieghbor came on to my property and smashed my camera with a bat it was a perfect recording so a plea and probation with no contact with victim. So I got another video of him 6 months into it at the fence antagonizing my dog with a shovel handle when I walked out there videoing with my phone he... View More
answered on Feb 16, 2022
Yes, you should be able to get the judge to order that your neighbor show cause why he should not be held in contempt of court.
and if no! can the charges be dropped for the second charge? and if Yes! how can someone go about getting it done?
answered on Feb 5, 2022
It would depend upon the terms of the bond agreement. Why would the authorities agree to drop the charges for the second offense? But it wouldn't hurt to see an attorney about trying to get it taken care of.
I moved from the state of NY with my 4 month old to FL to live with my parents. I ran away from an abusive relationship and needed to leave. I change Babies pediatrician and transferred all our benefits and address. My ex is a drug abuser, mentally and physically abusive and I never called the cops... View More
answered on Feb 14, 2022
In order to do anything here in Florida regarding custody, you need to have resided in Florida for at least 6 months with your child. Based on your details, it appears that NY currently has jurisdiction until you have met the residency requirements in Florida. Once you have met the residency... View More
For example, a woman slipping a sedative into her partner's water so she can escape while he is unconscious
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... View More
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... View More
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... View More
None
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... View More
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... View More
answered on Dec 8, 2021
If you try to appeal, you are not going to get very far unless you had a court reporter.
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.
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... View More
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... View More
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... View More
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.