Get free answers to your Domestic Violence legal questions from lawyers in your area.
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
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.
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
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
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
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
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
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.
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.
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
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
What happens if I am eligible for a pretrial diversion program and the "victim" doesn't consent out of spite? Do I have a way around this?
answered on Mar 20, 2021
See Florida Statute 948.08(2). The Victim MUST consent to a defendant entering Pretrial Diversion. Whether the victim refuses to consent out of spite is irrelevant. Also, neither the defendant nor the defendant's immediate family is allowed to contact the victim or the victim's... View More
we live in Florida . he moved and wouldn't tell me where , he wont tell me where my belongings are , unbeknownst to me we were evicted. he makes 150k annually. i had an injunction against him b4 that expired 1 month b4 we decided to try to fix our marriage again. he is the breadwinner and... View More
answered on Mar 10, 2021
Alimony in Florida is based on need and ability to pay. You have to need it and he has to be able to afford it. The General Magistrate can certainly order alimony if the matter being heard by the Magistrate is related to support. You need to make sure there's a motion or a petition requesting... View More
My son was issued an injunction 2/22/21 by his ex (off and on} which he countered. She claimed he was "stalking" her. The hearing was this morning - he says the Judge issued orders on both of them. My son did not have attorney representation, which I believe had he, the outcome would have... View More
answered on Mar 8, 2021
It is difficult for you or I to answer without firsthand knowledge. I can tell you that injunctions can be set aside or terminated. You do not say if the injunction issued was temporary or permanent. All injunctions reference an end date. I can also tell you that a court rarely issues injunctions... View More
answered on Feb 25, 2021
No. Your personal problems have nothing to to do with your legal responsibility to pay your rent.
However, if you ask the landlord nicely they may let you break the lease.
I called the police after my ex husband strangled me. By the time the police came, he had left. She took down the details and told me she would file a report and a detective would be in contact with me.
It’s been a few days and I haven’t heard anything. Will an arrest be made? Will... View More
answered on Feb 14, 2021
Yes, the wheels of justice grind slowly but I am sure that a report will be processed, and an arrest will most likely be made. If you don’t hear anything after a week, then call the officer that took the report to get a status update.
answered on Jan 27, 2021
Anything you say to DCF (In Florida, it's Department of Children and Families) will be turned against you. Hire an attorney.
The father on the birth certificate has not seen her since her first birthday. Has not provided any financial support since her birth and only tries to contact me on her birthday every year and she is now five. He is already involved in another custody case with his wife who is trying to get a... View More
answered on Jan 21, 2021
You must address the biological father's rights one way or another. The easier way id for the bio father to consent to the adoption. The more difficult way is for you to go to court to terminate bio father's parental rights. One of those two things must happen to facilitate the adoption... View More
Daughter has suffered physical and verbal abuse from the step mom. Son watched and has heard. He also has suffered from physical abuse as well just not to the same extent. Daughter has been sexually abused by the step sister for multiple years. Daughter has now tried to commit suicide while at... View More
answered on Dec 29, 2020
If there is no family or dependency case in court with these circumstances, you must run, not walk to the courthouse to get assistance for your children. If the things you state here can be proven with evidence and testimony, yes, you have a good chance of obtaining supervised time-sharing for the... View More
This is a continuation of a prior question ("Can son press charges on ex-girlfriend who ran over his foot and drove off in his car?").
answered on Nov 9, 2020
I am sorry to inform you that there may never be an answer to this dilemma because the dispute involved two different kinds of insurance companies--neither of which will ever accept the claim.
answered on Nov 9, 2020
In most jurisdictions, no. One of the conditions of bond is that you not commit any new crimes. The new charge will violate the conditions of bond on the old case. The State or the Judge on their own motion can request a revocation of the bond on the first case. You are going to need to speak to an... View More
Our son wants to press charges on his ex-girlfriend who ran over his foot with HIS car, but officer is saying he can't because he went in front of a moving vehicle. Briefly: Oct. 25, as son drove into the parking lot of ex-girlfriend's residence (she was passenger), an argument started.... View More
answered on Nov 6, 2020
Whether criminal charges may be initiated is solely the decision of law enforcement - either the police or the State Attorney's Office (prosecutor's office). If the reporting officer refused to either charge or commence a criminal investigation, you could try the intake office of your... View More
This is a domestic violence case involving my 20 yr old daughter. The judge imposed the order in the beginning and said it would add to his charges if violated. He calls her from prison daily violating the order. Can she get in trouble by taking these calls? These calls are coming to her cell phone... View More
answered on Nov 3, 2020
You should notify the State Attorney that he's calling and violating the Order. Keep a record of the calls. Your daughter should not speak with him, but if she does the only thing she should say is "don't call me". Inmate calls from jails are recorded, so there will be a record.
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