Domestic Violence Legal Questions

Short answer "no."  Spouses are required to provide basic necessities for one another, and even the threat of not doing so sounds like spousal abuse.  Consider whether this is how you actually want to live; if necessary, short-term relief might be possible through a temporary protective order, information about that is linked here.  Or, consider whether this situation will lead to divorce, as linked here.  Consider a full consultation with a family law specialist.  Good luck.... Read More

Thank you for your question.Termination of parental rights must be based on what is in the best interest of a child. Generally, a party cannot terminate their rights as a parent to avoid the payment of child support. In the event it is determined that it is in the best interest of the children to terminate a parent’s rights then that parent will no longer have any legal ties to the children, including their obligation to support the children. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns.  I hope this information was helpful to you.... Read More

If the car is with the person who has the restraining order against you, the answer to your question is no. You would need to hire an attorney and your attorney can contact the victim for purposes of arranging to get your car, or if they are unlawfully holding the car from you, having nothiing to do with the current disorderly conduct or DV charge against you, you have the option if the car is valued under $10,000, of filing a small claims lawsuit for the return of the vehicle or a large claims lawsuit if over $10,000 for the return of the vehicle. To avoid the victim claiming you are contactinng them in any way, use a lawyer to help you.... Read More

It is pretty common that "domestic violence" victims change their story, so I doubt the police or prosecutor will believe the new story. It also may not change much anyway as the statutes for assault and kidnapping are very broad.  To have the most impact, you should hire your own lawyer, independent of your boyfriends, to see if they can have more productive communications with the prosecutors about the case. If you cannot do that, you can cooperate with your boyfriends lawyer and that might help some in the ultimate outcome of your boyfriends case. ... Read More

If the D.A. or other prosecutor has subpoenaed you to court, then refusing to show up could cause a warrant to issue for your arrest.  Whether that is likely in your case should be asked of a qualified criminal defense attorney.  The Fifth Amendment gives a privilege against SELF incrimination, allowing you to refuse to anser if the answer could incriminate you; from what is provided, it is hard to see how it applies, but you should confier with criminal defense counsel. Another privilege might apply, however.  Under NRS 49.295, a spousal privilege attaches, under which, generally, neither a husband nor a wife may be examined without that person’s consent in any prosecution or civil suit against the other, and neither may be examined during the marriage or thereafter, as to any communication by one to the other during the marriage, without the consent of the other.  In other words, the “refusing to testify” privilege belongs to the spouse called to the stand, to invoke or not, and the confidential communication privilege belongs to the other spouse. Again, you should speak with qualified criminal defense counsel.... Read More

Your question is a bit unclear -- there is a difference between the statute of limitations in civil court (one person suing another for battery), which is two years, and the possible criminal prosecution by the State against the person accused, which could be one, two, or three years depending on some facts that were not revealed in your question.  And "in self defense" and "on accident" are pretty much contradictory positions.  If the alleged victim is non-cooperative, the State may decide to drop the case, but if it looks like charges are even possible, the best bet for the potential defendant is a consultation -- immediately -- with qualified criminal defense counsel.... Read More

The process for terminating probation early varies from court to court.  Some courts have forms they prefer you to use, others don't require a specific form. You can call the court clerk and ask for that court's preference.  Generally it requires showing you completed all of the terms of the probation (provide the paperwork showing that), so there is nothing further to do (other than stay out of legal trouble) to complete the probation. If you have a probation officer, and they are willing to file the request, it will be handled much more favorably.   ... Read More

I have previously been on the DVOMB and am familiar with the DVOMB Treatment Standards.  While I have not handled a case where a client has filed a grievance agasinst a treatment provider, following the DORA rules and responding to the complaint is something that should be fairly easy to figure out. I suspect if you followed the Standards protocol for the evaluation the complaint will not go very far.  ... Read More

It is VERY unlikely that the case will be dismissed, as these cases are taken very seriously.  The state wants the perpetrators of domestic violence to take doemstic violence treatment, which is time consuming and has some expense to it.  It is not uncommon for cases to 'get pushed back' and delayed as the case is worked out with the prosecutor. If you are feeling that the prosecutor is not taking your position in the case into account enough, you can hire a lawyer to be your representative to the prosecutor to try to get the outcome you desire for your ex.  ... Read More

  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 More

    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 More

The question is pretty vague, but if the question is whether a person who obtains a TPO can contact the person against whom the order is issued, the answer is "yes" as the orders are "one-way," although such contact is pretty good evidence, in most cases, that the order was unnecessary and could be dissolved upon request.  For some further information, see here.  You may wish to confer with a family law specialist.... Read More

if you were properly served with a subpoena, you are compelled by law and must honor the subpoena by coming to court. You don’t indicate whether you are a witness, the petitioner or the respondent. A person can claim their 5th amendment rights and refuse to testify, if their testimony may result in self incrimination. ... Read More

Obviously, the facts are pretty convoluted -- too much so for any off-the-cuff analysis by email to be of much help.  The short answer to the question you asked is to file a motion for the appointment of either an attorney for the child or (perhaps) a Guardian ad Litem -- the roles are slightly different.  In any event, you should construct a timeline/chronology, inclusive of all changes of legal status, and residences of the child, and obviously births and deaths if relevant, etc. (a guide for how to do so is posted on our Consultations page, here), and then you need an in-depth consultation with a family law specialist, who should be given copies of all court orders to date, the timeline, and any other documents relevant to the analysis.  You should do so as soon as possible.... Read More

The answer to your question depends on the plea bargain in your case. if it was a "deferred sentence" then YES at the end, the guilty plea is withdrawn and the charge is dismissed and then it can be sealed by filing the approrpiate Motion to Seal.  If it is NOT a deferred sentence, and thus is a permenant conviction, then it cannot be sealed. ... Read More

Short answer: yes.  The police can decide whether to proceed criminally once they are involved, pretty much no matter what the folks involved wish. That said, if no witnesses show up or provide evidence, it is usually impossible to actually convict a defendant.  This is not really a family law inquiry; you should probably consult criminal defense counsel for what, if anything, either you or your sister should do at this point.... Read More