Recent Blog Posts
Due Process Violations During Domestic Violence Proceedings
certain legal rights, which are known as Due Process rights. States that fail to abide by these rules and do not follow the exact course of the law when evaluating a petition for a restraining order have violated these rights. When it comes to domestic violence injunctions, there is actually a wide range of… Read More »
Awarding Child Support in Domestic Violence Cases
Parents are always obligated to provide financial support for their minor children. This is true even if the couple in question is embroiled in a domestic violence case. In fact, while many people associate child support orders with divorce, courts actually can address these types of matters in other legal contexts, including domestic violence… Read More »
Modifying Domestic Violence Injunctions
In Florida, domestic violence restraining orders can be modified or dissolved by either of the parties involved. Doing so, however, can be difficult, so if you were wrongly accused of committing an act of domestic violence, it is important to speak with an experienced Seminole domestic violence lawyer about the legal procedures required when… Read More »
Electronic Stalking in Domestic Violence Cases
Domestic violence cases can involve a variety of allegations, including everything from actual physical violence to verbal threats. In recent years, however, more and more domestic violence restraining orders are being based on allegations of electronic stalking. The kind of evidence used to demonstrate electronic stalking is wide ranging, including text message exchanges, phone… Read More »
Ex-Parte Domestic Violence Injunctions
After a person completes and files a domestic violence injunction petition, a judge will be tasked with reviewing the request and any supporting documentation that accompanies it. The next phase of the injunction process will depend largely on whether the judge believes that an immediate and present danger of domestic violence exists in a… Read More »
Final Domestic Violence Injunctions
After a petitioner has filed a request for a domestic violence restraining order, a Florida judge will decide whether to issue a temporary injunction, also known as an ex-parte order. If a court decides to grant a temporary injunction it will schedule a hearing to determine whether the restraining order should be made “final.”… Read More »
The Consequences of Defying a Domestic Violence Injunction
Domestic violence injunctions can have far-reaching consequences for respondents, who could be forbidden from returning to a shared home and may even have their visitation rights curtailed. Complying with these orders, while difficult, is necessary, as failing to do so can have dire repercussions, including being held in contempt of court, being forced to… Read More »
Who Can File a Domestic Violence Injunction in Florida?
In Florida, only certain individuals can ask the court for a domestic violence injunction, so if someone has filed a request for a restraining order against you in violation of these rules, you should speak with an experienced Seminole domestic violence lawyer as soon as possible about defending your rights. Filing a Domestic Violence… Read More »
Sentencing Enhancements in Florida
Under Florida law, courts are permitted to impose significant sentencing enhancements for defendants who have been convicted of a criminal offense. Although intended to punish repeat offenders, the new sentencing structure affects defendants with all types of criminal histories. One of the best ways to avoid receiving an unfair sentence is to obtain legal… Read More »
The Importance of Establishing Intent in White Collar Crime Cases
There are two main elements that prosecutors must prove beyond a reasonable doubt in order to obtain a conviction in a criminal case: the criminal act and criminal intent. The first requires proof that a defendant committed an unlawful act, while the latter involves proving that a person intended to commit the crime in… Read More »