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Florida Domestic Violence Questions & Answers
2 Answers | Asked in Divorce and Domestic Violence for Florida on
Q: If married but home and property are only in my name does my wife have rights to it after I ask her to leave my home

I'm 70 years old, my wife is 50 years old. I found her in my room with another man but I went to jail not either my wife or the man with a machete in my bedroom

David M. Goldman
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answered on Jan 7, 2019

Sounds like you need to repost this under Divorce, and criminal law. If you die, she will be entitled to 1/2 the home or a life estate if you are still married.

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1 Answer | Asked in Domestic Violence for Florida on
Q: If a person is charged with domestic violence do they automatically have custody revoked?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 7, 2018

No, not automatically.

1 Answer | Asked in Domestic Violence for Florida on
Q: i am a dmestic violence victim havent filed Aos yet.can i apply for self petition for greencard.he kick me out after wed

wedding..He brought mw here just to ruin my life..what shall I do. what are legal things i should do

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 28, 2018

yes. You should file a petition under the VAWA act (Violence Against Women Act). Discuss your case with counsel here in Florida.

1 Answer | Asked in Domestic Violence for Florida on
Q: Is there a limit as to how long a restraining order can last?
Eric J Dirga
Eric J Dirga
answered on Nov 24, 2018

The term of a "restraining order" (also known as an Order for Protection Against Violence) is set by the issuing judge. This can be extended or shortened by the court. Typically, any modification of the term of the order is done with notice to the victim/petitioner.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: My ex has the passcode and app to my home alarm. Can he be charged for tampering with it?

I broke up with my boyfriend recently. He had my home alarm system accessible from an app on his phone. He has my old code and recently changed my passcode to something of his liking. He tampered with it to where he armed my alarm and police showed up obviously because I didn’t have my code! Is... View More

Sasha  Dadan
Sasha Dadan
answered on Nov 2, 2018

I would suggest changing your alarm code and contacting the company who you are billed through to notify them of the breach. I would also contact the nearest police department.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: I was served a summons for violated an stalking injunction. In Florida. I have no money. What will happen .

The people that filed it said I violated it. It’s been in and out of court. I’m scared. Never have been in trouble tillgruop started stuff

Gary Kollin
Gary Kollin
answered on Oct 25, 2018

You will get an attorney appointed when you go to court

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: I being charged with violated a stalking order. I didn’t do anything
Gary Kollin
Gary Kollin
answered on Oct 25, 2018

Thank you for telling me. But you still need an attorney

1 Answer | Asked in Domestic Violence for Florida on
Q: What is the best way to prove that the accused is innocent in a domestic?
Sasha  Dadan
Sasha Dadan
answered on Oct 23, 2018

The State has to prove in a domestic violence battery:

To prove the crime of Battery, the State must prove the following element beyond a reasonable doubt:

Give 1 or 2 as applicable.

1. [(Defendant) intentionally touched or struck (victim) against [his] [her] will.]...
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1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: The judge order for my daughter father to pay half of her health insurance.

But my daughter health insurance is setup through my information and I have a injunction against my daughter father. Do I have to give him my insurance that I have for my daughter? Can he get his own?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 23, 2018

Your question is not clear. For him to pay half of the insurance premiums, he has to know where to send the money. Does the injunction somehow prevent that? And what do you mean "Do I have to give him my insurance …"? Are you asking if you have to give him the information regarding... View More

1 Answer | Asked in Domestic Violence for Florida on
Q: Do I have to be hurt in my house in order to file a domestic violence complaint against my husband?
Sasha  Dadan
Sasha Dadan
answered on Oct 18, 2018

Domestic violence is defined under Fla. Stat. 741.28 which states, “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in... View More

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Domestic Violence and Juvenile Law for Florida on
Q: Can I move out at 17 with parental consent?

I plan on moving out of state to start a new life for myself, unfortunately my family cannot just up and leave their lives for mine so I figure I can do it myself. My mother is fine with my decision and conesents wholeheartedly. Can I move out at 17 with parental consent and without court... View More

Sasha  Dadan
Sasha Dadan
answered on Oct 18, 2018

You would need to file for emancipation.

2 Answers | Asked in Contracts, Domestic Violence, Bankruptcy and Family Law for Florida on
Q: I am a victim of domestic, sexual, and financial abuse. Is there any laws that protect against joint debt?

My ex forced me to co sign a car loan. This was with threats. He never should me any of the paper work after I had signed nor have I seen the car. I’m now liable for the car because he obviously didn’t pay. Can I fight this with creditor I obviously would have this loan if I wasn’t forced to.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 16, 2018

The problem will be that the creditor didn't force you to co-sign. Unless you can prove that the creditor had knowledge of coercion, I don't think you would prevail.

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2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: I have a 2009 Judication Withheld for domestic violence (Threat by Verbal). Can the be expunged of vacated?
Gary Kollin
Gary Kollin
answered on Oct 15, 2018

Just so you know , the word is "adjudication."

You cannot have it vacated. It is final.

You cannot seal nor expunge domestic violence convictions even with adjudication withheld.

Even if you would receive a pardon, you cannot get it sealed or expunged

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Florida on
Q: The two grandmothers of my two boys has marchman acted me an placed an injunkion on me how can i get my 2 boys back
Sasha  Dadan
Sasha Dadan
answered on Oct 15, 2018

If an injunction has been issued against you, you may be able to get it set aside if you did not receive proper notice of the court hearing and one was conducted without your knowledge. If however, you did receive notice and chose not attend and you would like to modify the terms of the injunction... View More

1 Answer | Asked in Domestic Violence for Florida on
Q: If I don’t show up to court for a restraining order will they issue a warrant for my arrest or just continue the order
Sasha  Dadan
Sasha Dadan
answered on Oct 15, 2018

An injunction case is civil in nature and not criminal. You will not be issued a failure to appear. However, if you have received proper notice of the injunction hearing and you do not attend your hearing the court will have the hearing without you and hear the alleged victim's testimony. In... View More

1 Answer | Asked in Domestic Violence for Florida on
Q: My wife hits me but I weigh 200 lbs more than she does and it doesn't really "hurt."

Will the courts still consider that DV?

Sasha  Dadan
Sasha Dadan
answered on Oct 15, 2018

Thank you for your question. Domestic Violence cases are handled two ways primarily in the judicial system: Criminal or Civil. If you are seeking to file an injunction against your wife the standard for the issuance of an injunction can be found under Fla. Stat. 741.28. Domestic violence means any... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: FIRST COURT NOTIFICATION SAID: Event VAR scheduled FOR, NOW CHANGE TO: Event CM scheduled...What VAR and CM, means?
Leonard Louis Cagan
Leonard Louis Cagan
answered on Sep 11, 2018

Typically VAR is Clerk's Office shorthand for Violation Arraignment. CM, I'm not so sure. I would recommend call a local attorney who is familiar with local custom.

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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: What VAR stand for in court?
Kevin John Mawn
Kevin John Mawn
answered on Sep 11, 2018

It is difficult to tell unless you put the abbreviation in some context.

3 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: Why do I have a Battery arrest on my juvenile record, but wasn't ever arrested?

Was back in 2004. I am 26 now and about to be 27. I was in the military and got out with a honorable discharge. I recently applied to corrections here in Florida. My background came back and said I have this on my record? The situation occurred when I got into a fight with another juvenile after... View More

Kevin John Mawn
Kevin John Mawn
answered on Sep 6, 2018

If you feel the charge is unjustified, you will need the assistance of a lawyer to correct or expunge your criminal history. Assuming you were never given a notice to appear for battery, this could be the case of identity fraud.

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1 Answer | Asked in Domestic Violence for Florida on
Q: do you help remove warrants

my husband obtain a warrant last year due to his children mother making false allegations and i was wondering if a lawyer could help me in getting it removed? without him serving any time in jail due to him starting a new life and making good choices like going to school, becoming a dad to our new... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 23, 2018

Contact an attorney in your area who practices criminal law.

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