Florida Domestic Violence Legal Questions

Dear Ms. Schloss:       First, you can call the police.  TYpically the police will ask the agressor to leave the premises for the night, but unless there is evidence of violence (bruises) usually they will not arrest a party.  However, you can obtain a domestic violence injunction (restraining order).  Go to your local county court and ask where to file the Petition for the Domestic Violence Injunction.  Usually the clerk will assist you with the paperwork.  If there is sufficient allegations ( See; Florida Statute 741.28) then a judge will enter the injuction without a hearing and it will be served on your boyfriend by the sheriff.  Your boyfriend will then be required to vacate your residence, and a hearing will be set within 15 days from the entry of the Domestic Violence injunction, when you and your boyfriend will be required to appear before the court.  At the hearing you both may testify and present winesses.  At that time the judge will either dismiss the injunction  or enter it for a longer period of time.  How long depends on the circumstances, but the boyfriend will not be allowed in your residence or near you without subjecting himself to arrest while the injunction is in place. If that is unsuccessful, you can file an action for ejectment. Assuming he has not paid rent it would not be an eviction, but it has the same effect of removing a person whose legal rights to stay in a  place have expired. Best of 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 More

  You say "my spouse."  Are you already divorced?  Either way, the terms of the lease would govern.   If there is an option to renew, usually there is a period of time prior to a lease's expiration where the tenant must give notice if they wish to renew.  If your spouse does not exercise the option you can do so.  If the time has lapsed and nobody gave notice of renewal, then your landlord may lease the premises to whomever he/she wants- and if that happens to be you, then you would enter into a new lease with only your name on it, and your spouse would have no liability or benefit under the new lease.  Hope this helps! Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Boca Raton/Miami-Dade 954-316-3496/561-962-2785 info@vovalaw.com... Read More

   Most attorneys enter into a written agreement regarding fees with a client to avoid any misunderstanding at a later date.  A written agreement, however, is not mandatory.  If the $3000 was for a retainer and it was going to be non-refundable, the Bar does require the agreement to be in writing.    With that said, my suggestion is that you contact the attorney and ask for an itemized bill, showing the amount of time spent on your case and the hourly rate charged.  Then I would suggest speaking with the attorney if you believe a refund is due.     I have attached a link below to a Florida Bar pamphlet  that discusses attorney fees that you may find helpful.  I hope you can resolve this matter. https://www.floridabar.org/public/consumer/pamphlet003/ Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL  and Boca Raton, FL 954-316-3496   info@vovalaw.com  ... Read More

   You need to obtain an Injunction for Protection Against Domestic Violence (Restraining order) immediately!  Go to your local county courthouse and ask  for the domestic violence intake unit as you need to file a restraining order.  Most counties have intake clerks who will help you fill out the paperwork.    If you state specifically what physically violent acts your boyfriend has done recently, or what threats of violence he has made against you, and if you state that you are in fear for your safety, then this petition is taken to a duty judge.  The judge will review the petition and if your statements meet the statutory criteria then the court will enter an injunction, without a hearing.   The Court clerks will then ensure that the signed injunction gets to the local sheriff for service.  They will also give you an emergency copy of the order that you can keep with you until your boyfriend is served, and provide you with other information about the injunction.  Once your boyfriend is served he will have to leave the apartment and stay over 500 feet from you or risk arrest.  However, for your own safety, stay away from the apartment until the injunction is entered and he is served by the sheriff and required to leave the apartment.     Under Florida law, a return hearing must be set within 15 days of the entry of the initial injunction.  At that time both your boyfriend and you will be able to present testimony, witnesses and evidence before the Court.  The Court can then keep the injunction in place indefinitely, keep it in place for a specific period of time, or dismiss it if the Court does not believe you have proven your case.       Please protect yourself...nobody has a right to abuse anyone! Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Ste. 301 Plantation, FL 33322 954.316.3496 info@vovalaw.com  ... Read More

  As to the injunction for protection against domestic violence, at the conclusion of the case you should have received a copy of the order of dismissal. at that point the injunction is no longer in effect and you can (cautiously I might interject) speak with the other party.   However, if a no contact order was subsequently entered, then you must comply with the terms of same.   best of luck, Cindy Vova... Read More

First off, you shouldn't remove your GPS, because that is a violation of the terms of your probation. The amount of time you get on the charge really depends on the facts of the underlying case and your prior record. Most misdemeanors, however, range between 60 days and one year in county jail as far as jurisdiction. As such, the state can ask for the remainder of your probation to be served in jail because you are not suitable for probation. Second, and more importantly, after October 1, 2016, you can be charged with a 3d felony for tampering with the GPS monitor. Section 843.23, Florida Statutes was recently passed which makes the removal or tampering with certain electronic monitors a felony with the maximum punishment of up to five years in the department of corrections. Given that you failed to follow the terms of simple, misdemeanor probation, you would most likely be looking at county time, or worse, DOC time for removing your GPS—not to mention if you committed a new law violation while removing the GPS. In closing, don’t do it. It is not worth it. A better course would be petitioning the court through a motion to modify to remove the GPS as a condition of your probation.     ... Read More

  If you are talking about a civil case, if you voluntarily dismiss the Injunction, that dismisses the Domestic Violence case. Therefore, yes, that would close the domestic violence case. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com  ... Read More

  If the woman is experiencing domestic violence she can fill out a petition for protection against domestic violence in her local court house. Please see below couple of links with helpful info.   http://www.aardvarc.org/dv/states/fldv.shtml   http://www.womenslaw.org/laws_state.php?state_code=FL   http://www.floridalegal.org/domestic.htm   Best of Luck,   Helena Y. Farber, Esq. ~Associate Attorney~   Law Office of Cindy S. Vova, P.A.   www.vovalaw.com  ... Read More

From the facts you described the Wife is not seeking to divorce the Husband. Therefore, she needs to file a Petition for Support (see link below for the form). I am not sure why she would seek "custody" if she is the one who has the children. When the couple is married, both the Husband and the Wife have equal rights when it comes to the access to the children. http://www.flcourts.org/core/fileparse.php/533/urlt/904a.pdf Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read More

If the State Attorney's Office does not pursue the charges you will not be required to enter any plea. In that case the state will file a No Information, meaning they are not filing an Information charging you with the offense.  The case is over at that point and you will not need to enter a plea of guilty or not guilty in court.  If the State Attorney does file charges one of your options is to plead not guilty at the arraignment and either hire an attorney or ask the court to appoint an attorney from the Public Defender's Office.  Having an attorney appointed from the Office of the Public Defender depends on your finances and assests.  Your other option at arraignment is to plea guilty or no contest to the charge and have the judge sentence you.  If these events did not happen and/or your wife is not seeking prosecution your best option at arraignment is to plea not guilty and get an attorney to handle your case. Regardless, the proper way to handle these types of matters is to have a criminal defense attorney represent you in court, going to court on your own is not a wise decision.... Read More

There is no clear cut answer, but most likely it is not a good idea, and a potential conflict for the attorney, as he most likely learned private information about the Wife during his representation of her in the criminal matter. Below are the Rules of Professional Conduct that should govern the attorney's conduct in this matter: https://www.floridabar.org/divexe/rrtfb.nsf/FV/2E30A65D3638C6B485257171004B3C67 https://www.floridabar.org/divexe/rrtfb.nsf/FV/ABDCF0F2EC60934D8525717100564276 Best Of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read More

By "initial first hearing" I am assuming that you mean First Appearance.  First Appearance is aptly named, as it is the first time you appear before a judge in the criminal case.  The purpose of First Appearance is to set and establish conditions for bond. This could be the most detrimental stage of your case as it can determine whether or not you can bond out on the current charges. Irrespective of the charge, you are entitled to have competent counsel represent you at every stage of your case.  With that being said, yes, it is helpful, and in my opinion necessary, to have your counsel represent you at first appearance.  Private counsel is more likely to know more about your case prior to first appearance.  They will know more about you and as such, they may be able to present more information to the court, which may assist you in getting a reasonable bond. While most public defenders are adequate lawyers, they will not have the time or resources to get to know your case before First Appearance. Public defenders that handle First Appearance are generally newer attorneys that have just a matter of minutes to review the paperwork prior to the case being called by the court.  When the case is called they may talk about your status briefly before explain the following canned dialogue to the judge: "judge this person has lived in town for x-years, they have these ties to the community, and they will show up for court. In this case a reasonable bond is $X." If you comfortable with that level of review of the case, then you may choose to have the PD for your first appearance. ... Read More

In short yes you can. You can represent yourself in a criminal case and file your own motions but it is not advised.  You are always better served with an attorney, whether it be a private attorney or a court appointed attorney.  If you do file your own motion to dismiss you must understand that by filing a motion to dismiss you are stipulating to the facts in the police report.  Which means if the police report alleges that you had physical contact with someone against their will, you are agreeing with that fact.  In a motion to dismiss you are arguing that the police report does not establish a case against you based on the facts within the police report.  For example, if a police report states that you went to an individuals house and walked up to them and then just turned around and walked away, you would be best served filing a motion to dismiss and arguing the police report does not have the proper facts to establish a battery.  In that instance you are saying based on the facts in the police report there is no evidence of a battery taking place.  In the motion you stipulate to the facts of the police report and say there isn't enough to establish a case for battery.  On the other hand, if the police report says you did all the above but also punched the individual in the chest then by filing a motion to dismiss you are stipulating to the fact that you punched the invididual.  The bottomline here is that you will be much better served with an attorney handling your case.  They are trainded to file motions and make the proper legal arguments on your behalf.... Read More

  I am sorry you are going through this, and even sorrier for your children! This mother should be ashamed of herself and what she is doing to the children.    As to your question, it is not illegal to videotape someone, particularly when she knows you are doing so, which should be obvious.  However, perhaps a better "fix" to the problem would be to do the drop-offs and pick-ups at a public location, even a police station where, perhaps, your ex will be less likely to create a public spectacle.  If the mother will not agree to this, then if might be time to head back to court and get a court order requiring the exchanges of the children at a public place.  With a few choice videos the mother may talk herself out of  more than just changing locations. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 info@vovalaw.com 954-316-3496... Read More

I changed your tags to Civil Rights, Civil Litigation, and Discrimination as those areas are more closely related to your topic.   As far as "which lawyer" can help you, generally I would suggest a civil lawyer that has experience in administrative law and civil trial work related to this type of case.  I have handled a number of cases involving Exceptional Students, both at the administrative level (school board hearings, developing IEPs, and review stages), and litigation related to the failure of the school complying with the IEPs etc. IEPs and related programs are a specialized area that deal with aspects of administrative code (school board regulations), state law (see § 1003 et seq., Florida Statutes, which deals with K-12 education), Federal law (see Title 34 of the Federal Code), and it also deals with discrimination and Civil Rights as the right to education is protected under Federal laws including the Americans With disabilities Act. Make sure the attorney that you hire has experience in those areas in order to ensure that your son or daughter is adequately represented during each stage of the process.    ... Read More

Why have you not called the police and hand him arrested??? In addition to pressing criminal charges, go to your local county courthouse.  Tell the clerk you need to file an injunction for protection against domestic violence, and the clerk or other court personel, can help you fill out all the appropriate paperwork for the Judge to enter the injunction, which will prohibit him from coming near your home, work, school or any other place you may be or be subject to arrest.... Read More

With regard to the injunction, if the court grants a temporary injunction, there will be a return hearing set in which you can present your side of the case to a judge who will then decide if the injunction should be granted or dismissed. In the interim, do not have any contact with your wife, no email, no text, no phone call, no third party contact, nothing. As for the incident with the vehicle, call the police and ask to speak with the supervisor of the cop that told you they could not make a case without any witnesses.  You area witness and your sworn affidavit IS evidence. If your wife has filed a domestic violence injunction falsely, that can be used against her later in the divorce when the court is determining the best interests of the children. You should get a lawyer if you don't already have one, it sounds like you are going to need it.... Read More

   Don't you just hate when you're trying to earn a living and some lawyer just doesn't care and subpoenas you to appear in court?     Here's the first step.  Call the attorney who subpoenaed you and see if there is some way you can work this out.  If all parties agree you may be able to appear through technology, or have your video deposition taken in advance.   If the lawyer is unable or unwilling to work with you, then you should request a protective order from the court.  I suggest you contact the judge's judicial assistant who may be able to hep you schedule a hearing before the judge.  I suggest you have some documents showing that you must be out of town during the time you are under subpoena.   Hopefully you can work this out. Cindy S.Vova Law Office of Cindy S. Vova,P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 info@vovalaw.com 954-316-3496   HE... Read More

Domestic violence upon a pregnant woman is unacceptable and you should not blame yourself. It does not matter if you were emotional, or hormonal, nothing justifies domestic violence on a pregnant woman, or any woman for that matter.   The State Attorney has the final say in whether to pursue criminal charges against the defendant and while you can submit a "request not to prosecute" the State Attorney will make the final decision, not you, on whether to proceed with criminal prosecution.... Read More

Authentication is accomplished when the judge is presented with sufficient evidence that the tape is what it purports to be and is genuine. Just because the tape may be authentic, doesn't mean that they are made be other evidentiary hurdles to overcome, such as hearsay. You should consider talking to an attorney about the specifics of your case.... Read More

There are a number of things you can do from reporting it to the police, filing for a injunction against domestic violence, bringing a civil lawsuit for assault and battery, as well as other remedies. You should speak to an attorney in order to determine which action is best suited for your particular situation.... Read More

It sounds as if your ex was able to get the Court to enter a temporary injunction.  The evidence that you have will have be presented at the return hearing where the Court will determine if they are going to enter a more lengthy injunction.  It is importatnt to abide by the rules of injunction in the meantime as law enforcement takes a violation of even temporary injunctions very seriously.   As to your evidence, be careful.  Affidavits and other documents that contain hearsay evidence may not be admissible.  It may be worth your time and money to review your case with a local attorney so that they can assess the evidence that you do have an ensure that you are able to have this evidence properly presented to the Court. Good luck.... Read More

 You need to file an affidavit of violation of the injnction.  The judge then sends that to the police and they investigate. He will probably get arrested again and will likley stay in jail. Take pics/videos of hm as he drives by and save all phone records and messages  that he leaves on your phone.... Read More

  If you obtained a Restraining Order against your significant other, you can, at the time of the hearing in the civil case, advise the judge that you wish to dismiss the case and usually the court will do just that.  However, you indicate that she was charged with domestic battery, which is a criminal offense.  If that is the case, then you should speak with the prosecuting state attorney.  In some counties the state attorneys may drop the case if the victim does not want to pursue the charges.  However, other counties will still prosecute.  You are, of course, the prime witness, so to a great extent, your testimony may determine the outcome of the case if the prosecutor wishes to proceed. Cindy Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 954-316-3496 info@vovalaw.com    ... Read More