Ask a Question

Get free answers to your Domestic Violence legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: If a person is being held for over 90 days on several felony charges (domestic classification) and victim doesn’t show

For the depositions can the charges be dropped at a Arthur hearing? Or sounding? Or does it have to be done at trial?

Michael  Mayoral
Michael Mayoral
answered on Nov 8, 2021

In Florida, an Arthur hearing may be held to see if the defendant should be granted a discretionary bond. If a victim "doesn't show" for this, it doesn't mean the charges will be dropped.

A victim doesn't need to appear at sounding.

If a victim repeatedly...
View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Florida on
Q: In the state of Florida is it a law that you have to press charges on your abuser with an open CPI Case?

They are trying to take not give me back my kids what type of lawyer do I need to hire to sue the are doing discrimination of me and my Rights

Michael  Mayoral
Michael Mayoral
answered on Nov 3, 2021

It is not a Florida law that says that you must press charges, however, generally speaking, the Florida Department of Children and Families can remove a child from a home if they can show the home is dangerous for a child because of ongoing domestic violence. You should consult with a family law... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: If some one busted my lip and spit in my face and they have hiv what can I do?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 24, 2021

You can report them to the authorities and request that you assailant be criminally prosecuted. If you contract HIV, the charges would probably be much more serious.

And, again if you are infected, you would also cause to file a civil lawsuit.

View More Answers

1 Answer | Asked in Domestic Violence for Florida on
Q: My daughter was beaten and strangled with a leather belt by x boyfriend infront of her 2 sons all on video .

Now he has found away to flush her out from hiding for there life. he filed emergency sole custody and got it and had a pick up order for her children now police came to her safe house and arrested her with a charge of kidnapping her own children,took her boys and said they were going to cac but... View More

Michael  Mayoral
Michael Mayoral
answered on Oct 22, 2021

Your daughter needs to go to a police station with the evidence you are talking about and report the crime. They should find probable cause to arrest him, eventually arrest him, and a stay away order will be entered to make it illegal for him to contact your daughter during the pendency of the... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: is it legal for the state attorney to file two separate battery charges for the same altercation
Michael  Mayoral
Michael Mayoral
answered on Oct 13, 2021

Generally speaking, it is legal. For instance, if a defendant kicks someone, walks away, and then comes back and punches the person, that is an an example of two different acts of battery, and two crimes. However, such a matter requires a very detailed factual analysis to determine if the defendant... View More

View More Answers

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: Can I be abused of kidnapping if the mother got arrested for domestic battery against me? Child is with my mom in Ga

I’m from Ga living in FL and my mother has offered a safe place for my child to go seeing as how the mother of my child got arrested yesterday for violence against me and do not want to be risking it anymore around my child in the same house as well with our names on it. She is now bonded out and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 9, 2021

I think you mean 'accused of kidnapping". She could accuse you, but it's extremely unlikely that anyone will take the accusation seriously.

1 Answer | Asked in Divorce and Domestic Violence for Florida on
Q: 18 years married. Domestic abuse. HIS NAME ONLY ON ALL ASSETS. Rights to alimony & half of assets if she divorces him?
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 6, 2021

What is important is how and when the assets were paid for. If they were accrued and paid during the marriage then they are marital assets regardless of title. The marriage is long enough for alimony. You must next look at one party's financial need and the other party's financial ability... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Florida on
Q: I am looking for a divorce lawyer, family law,and domestic abuse for my niece. She lives in Port St. Lucie Florida.

My niece has 3 girls and is married to a man that has been abusing her and the girls for years. She and the girls are finally safe living with her mother in Port St. Lucie Florida! This man has restraining orders against him from his own mother and father, and now sister. I need a lawyer to help... View More

Laura E. Kenney
PREMIUM
Laura E. Kenney
answered on Oct 6, 2021

As a former prosecutor who specialized in domestic violence crimes I am well aware of the complexities facing a woman in your niece's situation. I am glad to hear she has an injunction protecting her and the children. Divorces with family violence must be carefully navigated. Please contact... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Florida on
Q: Can past DVI be removed from record in FL?

7 years ago was in a dispute with family member. Nothing physical but petitioner lied and said I was.

Deputies saw those claims were unfounded but the emergency DVI was granted till court hearing.

I didn’t want this family member around me no more as they were very dangerous... View More

Michael  Mayoral
Michael Mayoral
answered on Oct 1, 2021

You should look up the state law where you are seeking a carry permit, but in Florida and federally, the prohibition against carrying firearms and permits generally pertains to current/in place domestic violence injunctions as well as past convictions for crimes of domestic violence, which, per... View More

3 Answers | Asked in Domestic Violence and Immigration Law for Florida on
Q: I have my citizenship interview scheduled for November, and I am going through domestic violence situations at home.

I want to separate for my safety and the safety of the child. If I do, do I lose the chance of getting my citizenship? The US Citizen spouse is abusive in many ways, I have police reports, pictures etc. I work for attorneys in Family Law, I am aware of how divorce and injunctions work. However, I... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 19, 2021

Your situation is very sensitive to dispatch with just one remote legal opinion without a case review and your direct participation. It requires a comprehensive legal case assessment either in person or remotely by Zoom with an experienced immigration attorney of your choice.

At that time...
View More

View More Answers

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Florida on
Q: I leased an apartment but had to leave due to domestic violence. I fell behind on rent due to not being able to work.

My landlord is trying to evict me. Is there any domestic violence laws that protect me?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 9, 2021

No. You are responsible to the landlord for the rent. The landlord is not a party to your relationship, has no interest in your relationship, and the law does not require the landlord to purposefully suffer a financial loss because of your failed relationship.

1 Answer | Asked in Divorce, Civil Litigation, Domestic Violence and Legal Malpractice for Florida on
Q: Conflict of interest

Partners

Nicole Vette
PREMIUM
Nicole Vette
answered on Aug 21, 2021

If you no longer trust or have faith in your attorney it sounds like you should consider hiring new counsel.

1 Answer | Asked in Domestic Violence for Florida on
Q: My spouse had me arrested for domestic battery and put a temporary injunction on me what do I do
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 31, 2021

Comply with the temporary injunction. Get an attorney.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Florida on
Q: Can I sue both landlord and neighbors for refusing to acknowledge domestic abuse taking place on his premises?

This morning was the third time my neighbors physical violence and fighting not only woke me in the middle of the morning, but they extend it to my doorstep throwing someone against it. I have complained to my landlord over a yr now...he does absolutely nothing but tell me "if youre not happy,... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 23, 2021

No, you have no cause of action against your landlord or against your neighbor. Take your landlord's advice and move when your lease is up.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Florida on
Q: I'm 17 and wish to runaway with my older boyfriend, we need some advice?

My family has always been very abusive, and as of recently it has gotten worse. They aren't this way to another sibling of mine so I don't want to risk that sibling going into foster care if I call child services. I'm 17 and I have a boyfriend above the age of majority who wishes to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 13, 2021

Depending on his age, he could be accused of "sexual battery" (called statutory rape in most places), if they suspect he is having sex with you.

1 Answer | Asked in Domestic Violence for Florida on
Q: My sons had me arrested for domestic battery but I am the victim. I went to jail then got ROR can I go file charges

She attacked me I have a black eye and my other eye is swollen and she tased me. She had no marks but she called police the next day. I went to jail for 1 day. I just got out. Can I file charges of my own

Tom Murphy
Tom Murphy
answered on May 25, 2021

Your question is confusing, was it your daughters or your sons? Anyway - you can try. It is up to the state whether charges are filed. Usually the first person to call the cops wins. Do you really want to file charges against your children? Get an attorney, have her call the prosecuting... View More

1 Answer | Asked in Domestic Violence for Florida on
Q: Can I get an injunction on a brother and sister who are not on my lease in my house?

Putting up cameras in my house without my permission. Threatening that they dare anybody come out and say something as in violence. Scarring my minor child saying she is going to call DCF and take to take my youngest child. All in retaliation of my sisters husband who I have an injunction on for... View More

Tami Lane Augen
Tami Lane Augen
answered on May 5, 2021

There are requirements to obtain a Domestic Violence Injunction that include being the victim of violence or imminent fear of becoming the victim of domestic violence. If someone is letting someone into your residence that has an injunction against him, your remedy is to report the violation to... View More

2 Answers | Asked in Domestic Violence and Family Law for Florida on
Q: dealing with a domestic violence case in New Jersey with the father of my 2 year old. I’m wanting to relocate to fl

Laws are strict in N.J. about relocating but I have support family a job here and nothing in N.J. he is demanding visitation court agreed to it. I do not trust him with my son or want him in his life at all he never was around or a parent when we were there. My son is happier with him not here.... View More

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2021

Step one is to establish your residency in Florida. You will need to live here six months before you can take advantage of the Florida courts. Until then your fight is in NJ.

View More Answers

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Florida on
Q: 4 years ago I was convicted of DV with Adjudication Withheld, am I able to own a firearm? Thanks.
Jonathan Blecher
PREMIUM
Jonathan Blecher pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2021

An “Adjudication Withheld” on a felony, or on a misdemeanor crime of domestic violence, requires that three years has have elapsed since the completion of all sentencing provisions, including any probation or court fines.

1 Answer | Asked in Criminal Law, Family Law, Child Custody, Domestic Violence and Libel & Slander for Florida on
Q: What do I do?!?! This person is trying to ruin me!!!!

My ex wife has filed multiple false allegations against me since 2014, dcf cases, injunctions, and trying to modify child arrangements. Each report says something different, and none of them have gone in her favor meaning I have been lucky enough for a judge not to believe her. This time she is... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 25, 2021

1. The first line of defense I see is for you to go back to the same court that granted your divorce and file a motion to reopen the cases and also file a motion for contempt--citing all of the reasons you gave us here.

2. The second line of defense is to hire a very experienced trial...
View More

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.