Florida Domestic Violence Legal Questions

If you want to remarry your spouse after a divorce, that is perfectly OK. Then you would have to re-file a marriage based green card case, and those issues that you raised regarding Fraud would then be reviewed. Due to the complications involved in this case, it would be advisable for you to retain an immigration lawyer to handle the Re-filing of your case.... Read Answer

A US citizen can sponsor a foreign national spouse for a green card unless that US citizen has been convicted of crimes under the Adam Walsh act. Any domestic violence charges or arrests that did not result in the conviction of the US citizen would not disqualify the US citizen from sponsoring his foreign national spouse for a green card.    ... Read Answer

In order to hold a premises owner liable for injuries on their property, you have the burden to prove that they were negligent. For example you must prove that the owner had a dangerous condition that caused the trip and fall. What was the negligence on the part of the property owner that caused you to fall? Do you have pictures of the accident site where you fell? ... Read Answer

Dear Anonymous,      Foul language, unlesss it is threatening, does not rise to the level fo domestic violence. So yes, you can use that as evidence.    Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova Broward-Palm Beach-Miami-Dade 954-316-3496/561-962-2785 ... Read Answer

  It means at some point the case was reopened, but now it is closed again.  You can file a Motion to Dissolve the injunction, and it will "reopen" the case.   You might have to pay a reopeneing fee to the clerk.  You can check with your county clerk.  Also, you will have to set this for hearing and then appear before the judge to advise that you no longer want to keep  this injunction in place.   Best of luck, Cindy S. Vova, Law Offices of Cindy S. Vova, P.A.  ... Read Answer

Dear Anonymous:   SInce you do know who the father is, and, although you do not say, it may be his last name on the birth certificate for your child (?), Florida Statute 68.07 requires that you serve him with the petition for name change.  If he responds and files a response in the court, then it will be up to the judge to determine whether the child's last name may be changed.   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A.   ... Read Answer

You should consult with you criminal defense attorney before you do anything.   It is always best to be open and honest with your attorney so that we can give you the most sound advice.  When you have open charges you should never talk to the police without your attorneys advice and consent.  Charges against your ex can always come later, your personal freedom should be protected first.... Read Answer

   If you obtained a restraining order in family court, and you failed to appear for the hearing, the Court will just dismiss the action.  If this is pending in criminal court, then you should contact the state attorney who is handling your case (or victim's advocate) and advise of your desire to drop the "no contact."  They should be able to tell you what you need to do, if anything, to accomplish same.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496-561-962-2785... Read Answer

Generally, the court order will have a geographical scope within it. For example, 500 feet. So yes, assuming there is a 500' no contact order, the DVI does restrict him from, among all areas where you may be, your workplace. The fact that he is harassing the contractors at your place of business could be interpreted as "indirect contact." If he does this again, immediately call the 911 and have a copy of the DVI for the police. Good luck!... Read Answer

Dear Ms. Lockhart:   I am sorry you are faced with this issue.  However, if your boyfriend is physically abusing you, go immediately to your county courthouse and ask to get a domestic violence injunction.   The court clerk will help you with the papers, and in them you need to spell out concisely the specific acts of physical abuse, starting wtih the most recent in time and going backwards in time.    The Court will review your statements and if the judge feels that there  has been domestic violence, s/he will issue a temporary injunction at that time.  It will be served on your boyfriend and he will have to leave the house (escorted by police officers) at the moment of service.  The court will also set a hearing within 15 days, when you will have to go to court, and your boyfriend will also  have to appear.  If the Court keeps  the injunction in place, your "boyfriend" will have to remain out of the house.  If you do not get an injunction, you will have to file either an action for ejectment or, if he is paying rent, an action for eviction.  Your county clerk may be able to provide you with forms to assist in doing this, or you can research it yourself.  However, if you have to resort to a civil action for ejectment/eviction you should probably enlist the help of an attorney who handles these types of cases. Good luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com ... Read Answer

Dear Ms. Riner:       You are aways in better hands when you have legal counsel, but that does not mean you cannot do this yourself.  I have given you links below to two statutes that deal with domestic violence/stalking that may assist you.  You can look at the definition of stalking and use that to assist you.   http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0741/Sections/0741.28.html http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.048.html   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova Broward/Boca Raton 954-316-3496/561-962-2785... Read Answer

   I am assuming that the "lying" party attempted to get a domestic violence injunction against you?  If so, as you stated, no injunction has been entered, so you know the adage- "not guilty until proven so."    Often a court will grant a continuance for any number of reasons, when it will not prejudice the party who did not request the continuance.  SInce there is no injunction entered, it was not technically prejudicial.  You can request that she bring a death certificate with her, but I would also ask her details of the death, what relative, location of funeral, etc. when you do go to court.  The relevance- if the court asks- is to show she was untruthful, and therefore, she may be untruthful about what she is saying to try and get an injunction against you.    Best of luck, Cindy S. Vova Law Offices of CIndy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785  ... Read Answer

  Unfortunately, in a criminal matter, the state is the Plaintiff, and your husband is the "victim".  Depending on the county, if your husband puts in writing that he does not want to proceed with the charges, it basically leaves the state with no victim or witness, and sometimes they will drop the charges.    You should get a criminal attorney to handle this for you.  It should not be too involved, if your husband continues to wish to drop the charges, and it is worth the investment to get this taken care of.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 ... Read Answer

An attorney can represent co-defendants, but it is not typically recommended as one defendant can be called to testify against another and thus cause a conflict.  It sounds as though your current attorney is aware of the conflict which would result in him not being able to represent either defendant unless both you and the co-defendant waive the conflict.  You may want to consult with another attorney if you are not satisfied with your current representation and if there is a conflict, then a new attorney may bring that issue up with the Court.  ... Read Answer

That would be something you can bring up at the DVI Return Hearing to attack the credibility of the witness. That is not a major issue though as the Court will be lookng to see if an act of Domestic Violence occurred or whether the Petitioner has a reasonable fear of becoming a victim of Domestic Violence. Chris Ragano, Esq.... Read Answer

  Your friend needs professional advice from a therapist who concentrates in domestic violence cases.  This appears to be a classic abuse case where the victim keeps coing back for more.  There is also likely a victim's advocate through the court system who can discuss this with her.   As to "getting in trouble," the trouble is her contacting the abuser is poking big holes in the prosecution's case and opening wide the defense attorneys' ability to  get the abuser out of jail and back to abusing your friend.     If you are a true friend you will help her by contacting the right people to end this horrible cycle of abuse.   Best of luck, Cindy S. Vova, Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496   ... Read Answer

  Dear Anonymous:   I am sorry you are going through this.   Unfortunately, Florida law has a very low bar when it comes to establishing time sharing with children.  Getting "full custody", as such, is very difficult.  The law assumes that parents should have shared decision making, and each parent should spend time with the children.  However, there are a number of factors that a court must take into account in determining time sharing.  Those factors are found in Section 61.13, Fla. Stat.  Among those factors is Section 61.13.(3)(m), which requies the court to take into account:     Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.      If your children were a victim of the domestic violence (and I hope not) or witnessed the violence, those are strong points favoring you having sole parental authority and restricting his timesharing or even having supervised time sharing.       Based on this factor, his acts are sure going to help you in establishing  at least the majority of the timesharing with the  children. Keep in mind, however,  that each case is unique, and if you are seeking sole parental authority you should consult with an attorney to review all the facts in your case before you go to court.   Best of luck, CIndy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-965-2785 info@vovalaw.com... Read Answer

    Yes, you can file a restraining order against a person residing in another county in Florida.  However, you will have to make sure that the retraining order, if issued by the judge, is sent to the sheriff of the county where your ex fiance is incarcerated so the sheriff can serve it on him.  Make sure you have as specific an address as possible.   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785... Read Answer