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Florida Domestic Violence Questions & Answers
2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: First time offender F2 aggravated battery pregnant. Do i go to prison or get probation?

My step sister and i dont like each other but i never put my hands on her during this case.

She had her witnesses lie about the ordeal too.

She saught medical attention for it to build her case i believe but, her child did not arrive early and her child doesnt have any life... View More

Corey I. Cohen
Corey I. Cohen
answered on Feb 27, 2020

Does your sister still want to prosecute the case and go forward? Just because you score does not mean the prosecutor has to offer that you need to speak to your attorney about other options and or hire a new lawyer if you’re not satisfied.

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2 Answers | Asked in Domestic Violence for Florida on
Q: Me and my baby daddy have a domestic violence case. A while back he pushed me and I called the police.

That's how we got the domestic violence case. He just went to jail again recently for a warrant for the domestic violence case. I wanted to know could I write him letters or go see him while he in jail. Or I can't have no contact with him at all. It happened in Haines City Florida

Corey I. Cohen
Corey I. Cohen
answered on Feb 25, 2020

You would have to get a lawyer to change the terms of his release to allow for contact.

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1 Answer | Asked in Domestic Violence for Florida on
Q: Can I go to jail for missing a deposition & do I have to testify if I can't mentally deal with it?

Subpeona issued 2 times. The first time notified both attorneys that I was having surgery and could not attend. The message was taken by admin. staff in both offices. Second time, I began having severe anxiety that resulted in 2 panic attacks prior to the depo. I was mentally frozen and could not... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Feb 25, 2020

Yes, there is the potential to go to jail if you willfully refuse to attend a hearing or deposition. The general symptoms you describe are serious, but should be discussed privately with your attorney in a confidential setting. There could be secondary consequences to a refusal to give testimony,... View More

2 Answers | Asked in Domestic Violence for Florida on
Q: Can I plead the 5th in a dv case that is very traumatic?

Subpena issued for me to give a statement in dv case against my ex who is in county jail. The emotional stress that I am going through is the worst with anxiety, sleep deprivation due to nightmares, agitation, panic attacks......I can keep going but no need. I do not want to say anything, I just... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Feb 25, 2020

Whether you may invoke 5th Amendment protections depends upon a reasonable fear of prosecution. If you have such a fear, you need to confer confidentially with a qualified attorney to explore your options. There may be other consequences to a 5th Amendment invocation- such as a dismissal of the... View More

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Florida on
Q: Can a pro se respondent appoint a non-lawyer to speak on their behalf in Florida?

My fiancé is a pro se respondent in a child custody case petitioned by an abusive ex-boyfriend. Given the fact that she has an injunction against him for DV, does she have to face him, and his equally intimidating witnesses, alone in the courtroom, or can she appoint a non-lawyer (namely myself)... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 23, 2020

No; those activities would constitute the unauthorized practice of law. It's a crime.

2 Answers | Asked in Domestic Violence and Family Law for Florida on
Q: What are some common things a judge will require a parent convicted of domestic violence to complete.

My son has a misdemeanor DV battery conviction (10/2018), and a violation of DV injunction conviction (6/2019) both against the mother of his 4 yr old son. He has not had any contact with his son in about 19 months due to this. I was doing some research & I see Florida has a “rebuttable... View More

Jean Richardson
Jean Richardson
answered on Feb 18, 2020

If your son was ever on probation for any of the charges, he should have been ordered to complete a batterer's intervention class and anger management. If he has not completed any of those, he probably should. Also, he may want to consider completing a parenting class. Best of luck!

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1 Answer | Asked in Child Custody and Domestic Violence for Florida on
Q: Can someone who violated an injunction twice get it modified if the other party doesn’t want it to be?

I have a permanent injunction against my ex boyfriend. It went into effect in August of 2018. Since then he has violated it twice, and was convicted both times. The first violation was in September of 2018. The second violation was in May of 2019. From May 2019-December 2019 he was incarcerated for... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 13, 2020

A person can always seek a modification. It is up to you to present your case and convince the judge that your position is the correct one.

2 Answers | Asked in Child Custody, Divorce, Family Law and Domestic Violence for Florida on
Q: Is grabbing a child by the arms squeezing, shaking them and threatening them considered corporal punishment?

In Sept 2019 I had to file injunctions against my ex husband and his fiance and contact CPS regarding Physical Child abuse. The father admitted of having knowledge and the fiance admitted to the abuse. The injunction agreement is good till April 2020. The terms agreed on were; no corporal... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 13, 2020

Yes, I suspect that the judge would find that the conduct constitutes violation of the injunction. It may also be a crime (threatening to cut the fingers off particularly).

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1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: Unmarried father with history of domestic violence get unsupervised time with his kid?

Hello all, I have a 5 year old with my ex boyfriend. I have a permanent injunction against him with our daughter included since September 2018. He has 2 domestic violence misdemeanor battery convictions, and 2 violation of injunction convictions, all against me all within the past 3 yrs. He got out... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 12, 2020

You need to be ready to present evidence as to why he should have supervised visitation. If there is no relationship then the timesharing would probably start with a reunification plan. You should schedule a consultation with a local lawyer to discuss the details.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: How can I get a case drop on my boyfriend for simple battery domestic

Okay my boyfriend took my phone because we had to meet up with my daughter father for some documents. My boyfriend does not want him knowing where we live and my daughter father found out where we live because child support papers. My boyfriend took my phone & text him he could not come to our... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Feb 10, 2020

You could go to the State Attorney’s Office and make the request. They could listen to you or ignore you. If they prosecute anyway, much of what you’ve just said might be used against you if you try to change or recharacterize your description of events. You could retain an attorney to... View More

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: Hello. Why did my boyfriend get arrested when he never touched me. We were just yelling at each other?

We were on his boat. Sadly quite drunk. I went to take a rest.When he went to wake me I apparently started screaming. I do not remember any of this. I know for a fact he DID NOT touch me. He never has. Now I can have contact with him, had to move out ,he is the sole provider, I am unemployed. Why... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 6, 2020

Although I am sympathetic with your unhappy situation and description of what happened, I am quite sure that the police in Stuart do not arrest people without probable cause to believe they committed some serious crime.

I am also quite sure that you are not telling us the whole truth about...
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1 Answer | Asked in Domestic Violence for Florida on
Q: My ex bf broke 3 of my teeth before and recently punched me in the face causing me to bleed. What charges can I file ?

I never used physical abuse him ever, my mother is currently saving for the dental operation which will cost around $2500 US dollars. The only thing I have is pictures of my the damages from both instances, and a roll of bloody napkins from the last instance and texts where I mention him breaking... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 1, 2020

"Charges" would be criminal matters, not civil. As such, you don't pick the charges, the state attorney's office would. Report it to the police and see if they will prosecute. If he is convicted it's also possible that he can be required to pay your medical and dental bills.

1 Answer | Asked in Domestic Violence for Florida on
Q: My 15 year old son has 6 domestic battery charges from assaulting me I fear him how can I get him out of my house

He has bruised his 6 yr old brother and destroyed walls and doors does drugs and alcohol they give him home detention he broke that then ankle monitor he cut that off now he’s in JDC for 21 days and I HAVE TO PICK HIM UP OR I GOTO jail never been there don’t deserve to go for not picking up my... View More

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra
answered on Jan 15, 2020

One route is to file an injunction to keep him away from you. Also, if he has an open criminal case, the judge more likely than not, have requested him to be away from you, your house, your place of employment, etc.

1 Answer | Asked in Domestic Violence for Florida on
Q: Do I have to show up in court for a no contact order that I filed and now don’t want to pursue anymore
Justin Gary Hausler
Justin Gary Hausler
answered on Dec 30, 2019

You should work with the Defendant's lawyer about how you can assist the defense if you do not want the case prosecuted. Get some legal advise by calling a lawyer. In which county are the charges?

1 Answer | Asked in Domestic Violence, Sexual Harassment and Criminal Law for Florida on
Q: My brother forced me to expose my naked body infront of him while I was in my room. Can I press charges? What kind?

He has been aggressively trying to force himself through sacred boundaries for at least a week since it happened. About a week before he tried to argue with me while I was in the bathroom. While I was on my period and having diarrhea he aggressively be asked multiple times if he could wipe my ass... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 27, 2019

Yes, it probably constitutes at least one crime. Report it it to the local police or the local States Attorney's Office.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Domestic Violence and Probate for Florida on
Q: If me and my wife got into an altercation and she called the law and I was arrested for domestic battery can she bail

Can she legally bail me out of jail the next day

Jonathan Blecher
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answered on Dec 21, 2019

yes, but use a third party

1 Answer | Asked in Libel & Slander, Civil Litigation and Domestic Violence for Florida on
Q: Can a person violate an injunction for stalking if they file an injunction based on lies with the court in retaliation.
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 26, 2019

No. The Judge will sort all of this stuff out soon enough.

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: My childs father has a history of domestic violence. Is it parental alienation if i restrict time because Im worried?

There is no parental plan in place. His history of domestic violence is with me and his other childs mother. In both cases he abused in front of the children. Since I have been keeping him, his dad has been sending welfare checks every week to my house to intimidate me. I keep an open line of... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 24, 2019

If there is no parental plan (or custody order) in place, the father would have to go to court to get one. But you should seek one if the father doesn't.

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1 Answer | Asked in Domestic Violence for Florida on
Q: does discrimination in regards to relationship violence apply to sororities
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 15, 2019

I don't know what you mean by "discrimination in regards to relationship violence".

1 Answer | Asked in Domestic Violence for Florida on
Q: what is the typical cost to defend a first time domestic abuse client that has good chance of dismissal of case?

daughter needs representation for first time offense for domestic abuse against spouse, both were arrested because both said each other started the event. both have been released without bail and awaiting court date. My daughter was told to write letter to judge prior to case.

Ronald Lawrence Frey II
Ronald Lawrence Frey II
answered on Oct 31, 2019

I strongly suggest she contact local criminal defense lawyers in order to get quotes. Attorney rates vary. She should choose the attorney that is right for her. Although price is a consideration, she should find someone she is comfortable with. She should also consult with counsel prior to... View More

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