Category: Florida Law Blog

short term alimony in florida

 Short Term Alimony in Florida

Short Term Alimony in Florida: Short Term Marriage in Florida 

The Florida Alimony Statute provides guidance on the length of time the court will consider (in many cases) as a short-term marriage in Florida, for the express purpose of determining how much to award in short term alimony in Florida. In another article, we have outlined the factors the Florida court will consider and listen to arguments on, when deciding whether to award alimony, and if so, how much alimony to award the needing party. A marriage that lasts for anything less than seven years is considered to be a short-term marriage in Florida. This is known as a rebuttable presumption. This article elaborates on the Florida alimony length of marriage for purposes of the parties arguing for, and the court awarding alimony. Jonathan Jacobs is an Orlando family lawyer ready to help you through these turbulent times.

Florida Alimony Length of Marriage

Florida Alimony Length of Marriage

There are other marital durations (i.e. the Florida alimony length of marriage) that Florida also presumes unless successfully rebutted. Those other marital durations are a moderate term marriage, which is greater than seven (7) years but less than seventeen (17) years. Finally, for purposes of alimony considerations, a long-term marriage in Florida lasts (presumptively) for more than seventeen (17) years and has no specific upward time frame given it is as implied, the longest term possible under the eyes of the law.

orlando family lawyer

Orlando Family Lawyer

The types of alimony the court may award (generally speaking) in short term marriage Florida rulings are alimony pendente lite (suit money), bridge the gap alimony, rehabilitative alimony, and if the arguments are sufficient and the court feels an upward departure is justified, durational alimony. Florida alimony length marriage is a consideration you should discuss with your Orlando family law attorney.

What is a Rebuttable Presumption?

A rebuttable presumption is a presumption whereby the court defaults to it as the basis or starting point for its ruling, but is open to arguments to the contrary that may or may not convince the judge/court to rule otherwise. A rebuttable presumption is difficult to overcome without substantial evidence to the contrary. Back to the original point about short term alimony Florida, and short-term marriage Florida, there is in Florida a rebuttable presumption that a marital union of less than 7 years is a short-term marriage.

For additional information on the types of Florida alimony, please read the following articles: bridge-the-gap alimony, rehabilitative alimony, durational alimony, alimony pendente lite, gender based alimony, and permanent alimony.

Florida bridge the gap alimony

Florida Bridge the Gap Alimony

Florida Bridge the Gap Alimony

Bridge the gap alimony in Florida is one of several types of alimony a Florida court may award to the party that is judged to be in need of financial support during the pendency of the divorce, and its immediate aftermath. Florida Alimony Statute 61.08 and its subsection Five, states that Florida bridge the gap alimony is designed to help the party in need transition from married life to being single or alone and without the support system that being married provided. Bridge the gap alimony in Florida may be structured to provide for designation needs that are for the here and now, that is to say, the needs of the receiving party must be short term and not with the intent of being permanent or long-lasting. Whenever a Florida Statute states what something is, it also provides insight into what it is not. When does bridge the gap alimony end? We will answer that in this article.

bridge the gap alimony in florida

Bridge the Gap Alimony in Florida, How Long is Bridge the Gap Alimony?

Florida bridge the gap alimony is designed not to exceed two years of time. That is twenty-four months and is designed to help the party in need get back up and running as a self-sufficient adult. The bridge-the-gap language literally means filling in the holes when needed.

When does Bridge the Gap Alimony End?

When does bridge the gap alimony end? First, bridge the gap alimony in Florida ends when either of the two parties dies. Second, Florida bridge the gap alimony may also terminate if the party receiving alimony payments gets remarried which essentially means that party is in a financially supportive relationship and no longer requires or is entitled to bridge the gap alimony. Finally, it is important to also note that the Statute makes it clear Florida bridge the gap alimony may not be changed in either amount or time. Lake County FL family law attorney and Orange County FL family law Attorney Jonathan Jacobs can answer your questions about alimony.

Learn more about other types of alimony in Florida: Durational alimony, women paying men alimony, alimony factors, short term alimony, permanent alimony, and rehabilitative alimony.

What about child support health insurance? Divorce mediation? We address that too throughout our Florida Law Blog, which is rapidly becoming a major resource not only for clients, but also for all Floridians seeking legal information about their specific circumstances.

Clermont Alimony Attorney

Clermont Alimony Attorney

Clermont Alimony Attorney: Alimony in Clermont FL 

Writing about alimony in Orlando Florida and alimony in Clermont FL (Orange and Lake County), the court’s first factual finding is designed to tease out whether one of the parties is able to pay alimony (the payor), and if one party has a need for alimony (payee) based on the circumstances of their marriage and finances. Jonathan Jacobs is an Orlando alimony attorney, and a Clermont alimony attorney that provides in depth analysis of the parties’ financial portfolios in making factual determinations as to how much the parties may be responsible for when paying or receiving alimony in Orlando Florida or alimony in Clermont FL. Florida’s alimony Statute is 61.08 and its subsections tell us a great deal about how much the parties may be owing or receiving. Consider also the alimony factors in Orlando Florida that may be involved in the family law financial calculations. Alimony in Orlando is based on the Statute.

Alimony Factors in Orlando Florida | Orlando Alimony Attorney 

Once the court has rendered its factfinding regarding the parties’ ability to pay and/or need for alimony, the court hears arguments on various alimony factors in Orlando Florida when making its considerations. Pursuant to the Statute, one major alimony in Orlando factor the court considers is the parties’ standard of living during the time they were officially married. This means that if the wife was the proverbial breadwinner, and by virtue of her hard work and long hours on the job, the husband was able to live in a nice house, use a nice car, and have luxuries and amenities, the court may consider this factor in its award (if any) of alimony. The roles could easily be reversed if it were the husband working 50+ hours a week to provide for the family and the wife were the party benefiting. There is no one size fits all scenario, which is why there are alimony factors in Orlando Florida, and why there are factors instead of bright-line rules.

Alimony Factors in Orlando Florida

Alimony Factors in Orlando Florida: Alimony in Orlando Florida and Alimony in Clermont FL

The court will also consider the length of the marriage. In another article, I will elaborate on the duration of marriage and how it may impact the alimony amount awarded. For now, generally speaking, the court will assess the time the parties were married and categorize (based on attorney arguments and evidence presented) the alimony award to correspond with the length of the marriage. Among the other reasons marital assets are heavily scrutinized in a dissolution of marriage case, is because the court analyzes both marital and nonmarital assets in arriving at an alimony determination.

Perhaps the most interesting of Statutory alimony factors in Orlando Florida are the parties’ contributions to the marriage and earning capacities. With alimony in Orlando, the goal is of course for both parties to be self-sustaining to the extent possible, but it is interesting to learn how the parties structured their marriage to allow for one or both parties to maximize their earnings, even if that meant some measure of self-sacrifice.

alimony in Clermont FL

Attorney Jonathan Jacobs can answer your questions about alimony.

Learn more about other types of alimony in Florida: Durational alimony, women paying men alimony, alimony factors, short term alimony, permanent alimony, and rehabilitative alimony.

What about child support health insurance? Divorce mediation? We address those topics as well.

Petit Theft in Florida

Petit Theft Florida First Time Offender

Petit Theft Florida First Time Offender | Petit Theft in Florida

Florida Statute 812.014 and its subsections clearly identify what constitutes Petit Theft in Florida. The two titles of this article are Petit Theft Florida First Time Offender, and Petit Theft in Florida because these are common search terms for defendants accused of committing a crime or crimes, and we want you to be able to obtain the legal help you need to reduce or eliminate the charges brought against you.  Now, let’s get to the heart of the matter by further analyzing the wording and the practical applications of the Statute.

Petit Theft Florida First Time Offender

Florida’s Petty Theft Statute | Petit Theft Statute

According to F.S. 812.014, if the property stolen by the alleged criminal is valued at more than one-hundred dollars ($100.00), and less that three-hundred dollars ($300.00), this is considered to be first degree Petit Theft, which is the crime committed by a Petit Theft Florida first time offender. The theft of property valued at less than one-hundred dollars ($100.00), is generally considered to be a second-degree misdemeanor with reduced penalties, but it is nonetheless something you DO NOT want on your record.

The Statute continues to spell out what happens if the accused has committed Petit Theft before and has been convicted once, twice, or several times. If a person has committed Petit Theft in Florida and has already been accused and convicted of theft, thereby commits a first-degree misdemeanor. A criminal defendant who has two or more convictions for any theft and then who commits a Petit Theft, commits a third-degree felony, which comes with significantly higher punishments if convicted. In cases where the potential punishments are high and your liberty may be at stake, consider hiring a Lake County Florida Criminal Defense Attorney and/or a Lake County Florida Criminal Lawyer to aggressively defend you.

Lake County Florida Criminal Lawyer

Lake County Florida Criminal Defense Attorney: Lake County Florida Criminal Lawyer

Petit Theft in Florida takes place every day. For example, shoplifters steal steaks, candies, cell-phone equipment or other electronics, groceries, and the list continues ad nauseam. If you are a Petit Theft Florida first time offender, it is possible you were caught at stores such as Publix, Walmart, or Target, and the store(s) wish to prosecute to prevent the commission of additional Petit Theft in Florida. In essence, if you believe you need legal help, call a Lake County Florida Criminal Defense Attorney, Lake County Florida Criminal Lawyer, today to protect yourself against a harsh punishment.

Lake County Florida Criminal Defense Attorney

In many ways, people searching for information about the laws in Florida are similar to people looking on the internet for medical diagnoses on WebMD or similar sites. A huge difference is that Florida laws such as for Petit Theft in Florida, are Florida-specific because our State governs itself by the laws of the Florida Legislature and as interpreted by our courts. Jonathan Jacobs of the Jacobs Law Firm, is a Lake County Florida Criminal Defense Attorney and a Lake County Florida Criminal Lawyer.

Burglary in Florida

Burglary in Florida

Burglary Defense in Florida, Burglary in Florida

In this article we will explore burglary defense in Florida and burglary in Florida generally, as well as the penalty for burglary in Florida, and answer the question, “what does burglary of a conveyance mean?” If you have been accused of committing burglary in Florida, you should consider calling Jonathan Jacobs, criminal defense attorney in Orlando Florida, and criminal defense attorney in Clermont Florida.

Florida Burglary Statute: What Does Burglary of a Conveyance Mean?

The Statute provides that a “Conveyance” is any “motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car.” According to the revised relevant portion of Florida Statute 810.02 (the burglary in Florida law), if the accused has committed burglary after July 1, 2001, the definition of burglary is the “entering” or a home (also called a “dwelling” which can mean any type of residence, whether a condominium, town home, villa, house, or apartment), or a conveyance (a conveyance is a motorcycle, an RV, a car, an SUV, a truck, or some sort of moving vehicle used for transportation), with the intent to commit a felony or a misdemeanor once inside.

burglary defense in florida

The exception to the rule is if the premises are not private, meaning the dwelling or conveyance is open to the general public which technically grants visitors a license to enter, or if the accused/defendant is legitimately licensed to enter.

The rule continues to explain that if a licensee is privileged to enter the dwelling, structure or conveyance, if that person remains inside once permission has been revoked, and remains inside secretively or with the intent to commit a crime, that is the commission of burglary in Florida. Next, we will cover the penalty for burglary in Florida, and then answer the question, what does burglary of a conveyance mean?

The Penalty for Burglary in Florida

The Penalty for Burglary in Florida

The penalty for burglary in Florida can be as high as life imprisonment, but only under specific circumstances that may warrant such a punishment of burglary as felony in the First Degree. For example, if during the course of the commission of a burglary in Florida, the accused assaults or batters any person within the premises, if the accused is armed with a weapon (including but not limited to guns, knives, or explosives).

The penalty for burglary in Florida can be a felony of the Second Degree if the burglar does NOT enter the structure, dwelling, or conveyance with a weapon, and does NOT commit an assault or battery, but there may or may not be another person (victim) inside of the premises.

What does burglary of a conveyance mean

What does burglary of a conveyance mean?

What does burglary of a conveyance mean? The standard layman’s definition of burglary of a conveyance is when a burglar seizes (it can be by force) and takes possessions from the car, motorcycle, or other conveyance (vehicle of some sort), and uses it as his/her own without the consent of the owner of the conveyance.

In regular plain English, what does burglary of a conveyance mean? Simply speaking, it is stealing from a car, motorcycle, RV, truck, etc. For example, if a juvenile delinquent steals money and a camera or a cell phone from a car on the street, that is considered burglary of a conveyance (moving vehicle, combustion engine). A burglary defense in Florida could be that the officer mistook the defendant for another individual. Depending on the severity of the alleged burglary, a withhold of adjudication or pretrial diversion might be attainable. It is a fact-specific and criminal-history specific potential outcome.

 

 

 

 

 

 

Does Child Support Automatically Stop When Child Turns 18 in Florida

Does Child Support Automatically Stop When Child Turns 18 in Florida

Does Child Support Automatically Stop When Child Turns 18 in Florida

The best way to analyze the question of, Does Child Support Automatically Stop When Child Turns 18 in Florida, is by analyzing and interpreting the Florida Child Support Statute. When a child reaches 18, which is known as the age of “majority” in Florida, child support terminates with a court order. However, Florida Statute 743.07(2) provides at least three exceptions to this default rule. First, a Florida court may at its discretion (upon the presentation of competent and substantial evidence warranting such a showing) impose a child support order go beyond the child’s 18th birthday if the child is mentally or physically incapacitated. Such a mental or physical incapacitation must have originated (existed) prior to the child turning the age of majority. Examples of such incapacity must be proven to the court, which could include lengthy hearings involving the presentation of evidence justifying such an exception to the general rule. Attorney Jonathan Jacobs is a child support lawyer lake county Florida, child support lawyer Orange County Florida. Next it is important to address another popular question of can I stop paying child support when child turns 18 in Florida.

Can I Stop Paying Child Support When Child Turns 18 in Florida?

To answer the question of can I stop paying child support when child turns 18 in Florida, we look to the second statutory exception to the general rule of termination. The second exception to the general rule of termination of child support upon the child’s 18th birthday, is if the child is still enrolled in high school and has a reasonable expectation (high probability, in all likelihood) of graduation by the age of 19, child support payments may be extended for approximately one year, or until graduation. The Rule itself provides that child support cannot be extended if the child is dilly-dallying and failing to advance in school. Rather, if the child is working hard toward obtaining a high school diploma, and reasonable circumstances have caused a late graduation, then child support payments may be extended in such a circumstance.

Can I Stop Paying Child Support When Child Turns 18 in Florida

Child Support Lawyer Lake County Florida, Child Support Lawyer Orange County Florida

Another answer to can I stop paying child support when child turns 18 in Florida, is provided by the third exception to the general rule that child support terminates upon the child’s 18th birthday. A payor of child support can stop if or when the parties agree to a separate arrangement. The court does not have to authorize this arrangement, but some parties stringently refuse to accept payments in exchange for maximum timesharing (i.e. the other party receiving no contact and no timesharing with the child.).

Does Child Support Automatically Stop when Child Turns 18 in Florida

Remember, that the Department of Revenue, like many agencies, will continue enforcing an existing order unless there has been a Motion to Terminate Child Support, and if the payments are made through an income deduction ordered imposed by the DOR, a Motion to Vacate the Income Deduction Order may be required. Therefore, to answer this question, does child support automatically stop when child turns 18 in Florida, it is important to note that the DOR generally requires official notice to terminate, even if the child is 18 years of age, and by statute should no longer be eligible for child support. This ensures that payments are made until the statute no longer governs upon the minor child’s 18th birthday, unless otherwise specified in the order. This rule is intended to protect minor children. Contact the Jacobs Law Firm, child support lawyer Lake County Florida, child support lawyer Orange County Florida today to find out more about your obligations. Can I Stop Paying Child Support When Child Turns 18 in Florida? Does Child Support Automatically Stop When Child turns 18 in Florida? The Statute answers both of the central questions at least in a general sense, not taking into account the specifics of your case.

Child Support Lawyer Lake County Florida

Do you need information on domestic violence and child custody? Parenting plans in Florida? Social media’s impact on divorce? Divorce mediation? Child support health insurance? Florida Alimony and Family Law? Click on any of our articles and visit our Florida Law Blog. The Jacobs Law Firm offers help when you need a child support lawyer Lake County Florida, or a child support lawyer Orange County Florida.

 

Lake County Florida Divorce Attorney

Small Claims Lawyer Orlando

Small Claims Lawyer Orlando, Small Claims Attorney Orlando

Filing a lawsuit in small claims court in Florida, generally speaking, can be done in at least two ways. First, the litigant/plaintiff may file pro se, where the litigant represents himself or herself. Second, the plaintiff may retain the help of a small claims lawyer Orlando or small claims attorney Orlando. The first method involves the pro se plaintiff doing a great deal of extra research about Florida’s evidence and civil procedure rules, and may involve personal visits to the courthouse to visit the Clerks of Court. A pro se litigant must compile and organize the evidence he or she intends to use. The self-represented person should understand the Florida Rules of Evidence from the Florida Evidence Code in order to be competent in court to persuade the judge or jury to rule in their favor. I would argue that the best results can be achieved with strategy number two when suing a defendant in small claims court.

Small Claims Court Lawyer Orlando

Strategy number 2 involves a litigant hiring a small claims court lawyer Orlando, to deftly bring their case to fruition. First, your small claims court lawyer Orlando can identify what evidence he needs to ensure you have a strong case that can be presented to the court. Essentially, his job is to use your facts and his experience to persuade the judge to rule in your favor. Second, your small claims attorney Orlando will ask you to collect all relevant documents and photographs. Your participation will allow Attorney Jacobs to draft a persuasive complaint based on the most relevant facts the court should consider. Third, your small claims court lawyer Orlando can file the pleadings (complaint and attachments, as well as any other information the court may require). Unless, of course, you prefer to go to the courthouse and figure out where to file the documents on your own as a pro se litigant.

Small Claims Attorney Orlando

What Can Your Small Claims Lawyer Orlando, Small Claims Attorney Orlando Do for You?

Fourth, your litigation attorney can inform you about the process of litigation, prepare you for mediation and trial, propose reasonable settlement expectations, and ensure you are ready to pursue the defendant.

Fifth, your small claims lawyer Orlando, small claims attorney Orlando will navigate the trial on your behalf. This is a highly-complex process that involves trial preparation, trial guidance, and trial strategy. Witnesses may need to be called.

Ultimately, if you are undecided as to whether you need an attorney to represent you in your small claims litigation, ask yourself a simple question; “can you win a trial on your own without the help of a trained legal professional?” If you have any doubt, at a minimum, call the Jacobs Law Firm to find out how Attorney Jacobs, small claims court lawyer Orlando, recommends you proceed with your case. A free initial consultation could turn into litigation representation and an increased chance of victory in your small claims litigation. For a list of the small claims rules in Florida, please visit the Florida Bar’s Small Claims Manual.

accused of filing a false police report in florida

Accused of Filing a False Police Report in Florida

Accused of Filing a False Police Report in Florida? What is the Penalty for Filing a False Police Report in Florida?

In Florida, Florida Statute 837.05 and its subsections govern false reports to law enforcement. This article is about the Statute and the potential punishment you might face as a result of a conviction if you are accused of filing a false police report in Florida. The State Attorney’s Office (depending on the county were you reside) may choose to file charges against you if you alert law enforcement to the commission of a crime without any proof and without justification. There are defenses to these charges, and it is in your best interest if you stand accused of filing a false police report in Florida to hire Jonathan Jacobs who is a Clermont Florida Criminal Defense Attorney. What is the penalty for filing a false police report in Florida? The penalty can be rather severe if the defendant is convicted. In fact, the Statute clearly states that a first time filer of a false report could be convicted for a first degree misdemeanor carrying a maximum penalty of one year in jail. A second time offender could be charged with a third degree felony, which carries a significantly higher penalty. Statutorily, a third degree felony in the State of Florida is punishable by up to 5 years of imprisonment, 5 years of probation time, and a monetary fine not to exceed $5,000. The lesson of this outline of potential punishments is: do not file a false report under any circumstances.

Burden of Proof: Filing a False Police Report in Florida

The burden of proof filing a false police report in Florida, according to the statute, is a “knowing” requirement. This means that the State must prove the defendant “knowingly” provided false information to the police about the alleged crime. Knowingly is a state of mind requirement which means the defendant deliberately and willfully filed a false police report. Knowingly is a term modeled after the Model Penal Code, or MPC. The burden of proof filing a false police report Florida is high, which is why the State would likely file only in egregious or severe cases.

What is the Penalty for Filing a False Police Report in Florida

Clermont Florida Criminal Defense Attorney: Giving False Information to a Police Officer Florida

The means by which a defendant may be guilty of giving false information to a police officer Florida is by oral communication, written communication, or by recording. Essentially, giving false information to a police officer Florida is a poor decision showcasing poor judgment. When filing a police report consider whether the information you are providing is accurate and will help law enforcement investigate without the need to question the source, as opposed to going after the alleged real criminal. I hope I have answered the question of what is the penalty for filing a false police report in Florida. If you need to speak with a Clermont Florida Criminal Defense Attorney today, call the Jacobs Law Firm at (407) 310-5636.

We offer additional articles on other crimes in Florida for your reading pleasure. Domestic violence around the kids. Marijuana possession. Burglary in Florida. First time petit theft in Florida. To browse our other legal articles visit the Florida Law Blog.

 

social media and divorce florida

Social Media and Divorce Florida

Social Media and Divorce Florida: Lake County Florida Family Law Attorney

Facebook. Twitter. Instagram. LinkedIn. Snapchat. Pinterest. Reddit. Tumblr. Need I say more? This article is about social media and divorce Florida. Not all social media websites impact spouses or unmarried couples, but many of them can. Recently, there has been a great deal of discussion in the media about the effect of popularity and approval on social media and beyond. There are psychologists and social media executives who believe social media can alter peoples’ perceptions in unpredictable ways, the dopamine factor among them. Let’s take a moment to theorize, and if there is a confluence of theory and law I will note it, about the ways in which social media causes divorce Florida. Jonathan Jacobs is a Lake County Florida Family Law Attorney.

social media causes divorce florida

Social Media Causes Divorce Florida

First, (this is a hypothetical scenario to engage the mind) imagine that Person X (male or female) logs online to surf/browse social media sites (the sites listed above). What is Person X likely to see a lot of? Beautiful people in nice places who are smiling, laughing, and living a luxurious existence. Contrast that sort of perfection and imagery with the comparative humdrum and grind of daily family life. Imagine if Person X works 10-12 hours a day, goes home to more work as there are family responsibilities, enjoys very little personal free time, and does not earn enough money to go on vacation. Person X might begin wondering if life is better as a single person because all visual evidence on social media suggests life is a vacation. This is only a hypothetical about whether social media causes divorce Florida.

This is a stark contrast presented in the hypothetical. Social media is generally not intended to portray babies pooping or regurgitating, or mom and dad having little time to shower and clean the house after work. Instead, social media is designed to highlight the good life, the life to be attained, the way things could be. Routinely, people photograph themselves at their best, dressed nicely, with great lighting, all to create a sort of image. That image is generally not one of a messy life full of chores and hard work. Let’s return to our hypothetical.

Lake County Florida Family Law Attorney

Lake County Florida Family Law Attorney: Social Media and Divorce Florida

In our hypothetical, Person X becomes interested in browsing social media where he/she sees people living it up. Meanwhile, Person Y is comfortable reading a book, or watching Netflix or Hulu or Amazon, and is happy just trying to relax between work and the kids. This could potentially cause a rift. Social media presents certain “social” opportunities that might be the opposite of relationship-building and might be just the exact opposite. If you are going through a breakup, call the Jacobs Law Firm Orlando and Clermont, Lake County Florida Family Law Attorney. If social media and divorce Florida have impacted you and your family, call today to discuss your situation. Or e-mail us for a free initial consultation.

What about Florida alimony? Domestic violence injunctions? Read our Florida Law Blog to learn more.

Domestic Violence Injunction Hearing Florida

Domestic Violence Injunction Hearing Florida

Domestic Violence Lawyer Orlando Florida, Domestic Violence Lawyer Tavares FL

You are the Petitioner that wants the court to grant you relief, or the Respondent that must answer the Petitioner’s domestic violence allegations raised against you. If you are the Petitioner, you have accused someone of violence and want to be protected immediately. Respondent, you have been accused of some form of domestic violence and want to defend yourself against having an injunction issued against you. Let the seriousness of a domestic violence accusation sink in and consider calling a domestic violence lawyer Orlando Florida right away to represent you at your domestic violence injunction hearing Florida.

Ok, are ready to hear about the reality of the situation? Your first thoughts will likely be those of a rewind artist (playing back the alleged incident(s) in your mind for clarity and verification of your innocence or guilt). Then, once any panic has set in, you might ask yourself, “how did I get myself into this situation?” Life is MESSY. There is rarely any linearity, but there is plenty of zig-zagging.

Sometimes people find themselves in relationships that face hardships and struggles, or discussions that they should not have because the words spoken will likely lead to conflict. In those moments when hurtful words were spoken, adding a filter and an intellectual spin to those phrases and sentences was likely not factored into the equation. Both parties can be affected. Attorney Jonathan Jacobs is a domestic violence lawyer Orlando Florida, and a domestic violence lawyer Tavares FL.

Domestic Violence Injunction Hearing Florida

The Petitioner (the party that has alleged you, the respondent, have committed a form of domestic violence or will imminently do so) has filed for an injunction against you to prevent you from committing further (or future) acts of domestic violence (abbreviated as DV). During a domestic violence injunction hearing Florida, a judge will hear the case brought by the Petitioner against you. Both parties will need to go to the courthouse, a public forum, where you Petitioner will contend that he/she is in danger, and the respondent will argue his/her innocence, and perhaps has filed his/her own petition for injunction against the original petitioner. Remember that charges and accusations work both ways, with both genders as the petitioner(s). Men accuse women, and women accuse men. How will the Respondent answer these charges and protect him/herself to the best of their ability against them? What are the Petitioner’s concerns? Will he/she receive the protection they have asked the court for? These are the questions the Judge assigned to your case will hear during the domestic violence injunction hearing Florida.

Domestic Violence Lawyer Tavares FL

Hire an Injunction Attorney Orlando for your Domestic Violence Injunction Hearing Florida

Decide whether to hire an injunction attorney Orlando to enforce and protect your rights. Once you have hired an attorney, together you will prepare for the subsequent proceedings by thoroughly reviewing your case and the evidence for and that could be brought against you. Before the injunction hearing there may be time for depositions, and of course discovery requests may be propounded. This can help determine the validity and strength of the accusations, and for building a strategy for litigating at the hearing.

Ultimately, during the hearing, both sides will argue before the Judge about whether an injunction is warranted under the circumstances. Based on Florida statutory law, the Judge will ask the parties if there is a threat of imminent danger. Also, is the domestic violence likely to recur, if it has occurred at all? This is a fact-specific inquiry. I liken this proceeding to a figure skating or boxing contest. Judges sit in different places and may often view the proceeding in a totally different way than the contestants do. It is all about perspective based on the evidence presented and allowed in pending any evidentiary objections propounded by the attorneys or litigants themselves. Consider if you need to hire an injunction attorney Orlando today.

Hire an Injunction Attorney To Help You Win Your Case

A domestic violence attorney can help you prepare evidence for the DV injunction hearing(s), as well as argue before the court on your behalf. An attorney can ask the probative questions of the other side that are necessary to bringing the facts to light. Essentially, if you hire an injunction attorney Tavares, may be significantly helpful to winning your case.

Two statutes that will allow you some insight into the Florida Statutes often argued in domestic violence proceedings are Florida Statute 741.28 and 741.30(1)(a). Florida Statute 741.28 defines domestic violence as assault, battery, kidnapping, false imprisonment, death, and the list continues. Meanwhile, F.S. 741.30(1)(a) stresses that the Petitioner must prove that violence has occurred or that violence will imminently occur without the court’s timely intervention. As our Florida Law Blog explains, the Statute also offers the factors the court will consider in evaluating the legal strength of the Petitioner’s accusations. Attorney Jacobs is a practicing domestic violence lawyer Orlando Florida, domestic violence lawyer Tavares FL.

Learn how to remove the violent person from your residence.