Category Archives: Domestic Violence
Can I Expunge A Domestic Violence-Related Conviction?
Florida law allows some people to expunge their criminal records, a scenario that tends to arise most often when a person was a minor at the time of the offense, or when the conviction happened many years earlier. There are, however, certain types of criminal records, including those related to domestic violence arrests that… Read More »
What are Ex Parte Domestic Violence Injunctions?
In Florida, those who have been, or believe that they are in danger of becoming the victim of domestic violence, have the right to file a request for an injunction. These requests often take the form of an ex parte petition, which means that the petitioner doesn’t immediately need to attend a hearing. Instead,… Read More »
Posting Bail in Domestic Violence Cases
In Florida, domestic violence cases have their own set of rules that don’t necessarily align with standard pre-trial release practices. For instance, someone who is accused of and arrested for domestic violence in Florida won’t be allowed to post bail immediately, but will need to wait for the conclusion of an initial investigation and… Read More »
How Domestic Violence Could Impact Your Divorce
Divorces arise for a variety of reasons, but when allegations of domestic violence are involved, things can become even more complicated. While it is true that Florida law no longer requires spouses to prove fault in order to obtain a divorce, providing evidence of domestic violence can have an impact on how certain issues… Read More »
Addressing Pet Custody in Domestic Violence Injunctions
When they assess domestic violence injunction petitions, courts have discretion to address a wide range of issues, including everything from how a couple will share custody of their children to who will retain possession of the family’s home, at least for the immediate future. After the passage of a new law earlier this year,… Read More »
Obtaining a Dating Violence Injunction
When many people think of domestic violence they imagine abuse between spouses or even couples who share children. While conflict between individuals in these kinds of relationships does account for a significant number of domestic violence cases, these are by no means the only circumstances that can lead to a domestic violence injunction. In… Read More »
What to do if You Have Been Wrongfully Accused of Domestic Violence
Relationships are complicated and this complexity can result in disagreements. Often, these disagreements can be resolved amicably, but in some cases, a person could find him or herself on the wrong end of a domestic violence accusation. Those who are falsely accused of domestic violence, however, are not without legal recourse, so if you… Read More »
Five Dos and Don’ts of Restraining Order Defense
When issuing restraining orders, especially ex parte restraining orders, many judges side with alleged victims, err on the side of caution, and issue such orders. As a result, as many as two-thirds of restraining orders might be essentially baseless. However, that statistic is certainly no reason to take a restraining order lightly, especially if… Read More »
Setting Up a Restraining Order Defense in Florida
Once upon a time, Florida judges routinely granted extended restraining orders without asking too many questions. Times have changed. Judges almost always grant ex parte temporary restraining orders, but a permanent protective order is another matter. Particularly if there is a parallel proceeding in family court, effective defenses might be available. Several different types… Read More »
