Feb 23, 2023 | Restraining Orders
According to Florida case law, if you are the person against whom a restraining order is being sought, if you don’t show up to the hearing you still may be able to challenge the sufficiency of the notice of hearing: Mr. Traughber, who lived in Pinellas County,...
Feb 21, 2023 | Restraining Orders
According to Florida law, the elements needed for a stalking injunction include the petitioner specifically alleging that he or she is a victim of stalking because the respondent has either: 1) committed stalking; 2) has previously threatened, harassed, stalked,...
Feb 21, 2023 | Restraining Orders
According to Florida case law, an isolated incident of domestic violence that occurred years before a petition is filed will not support the issuance of an injunction in the absence of additional current allegations: [A]n isolated incident of domestic violence that...
Feb 21, 2023 | Restraining Orders
According to Florida law, it takes two incidents of harassment to satisfy the requirements for an injunction against stalking under Florida Statute 784.048: “[B]y its statutory definition, stalking requires proof of repeated acts.” Lukacs v. Luton, 982 So. 2d 1217,...
Feb 12, 2023 | Child Support, Custody, Restraining Orders
According to Florida case law, domestic violence can be used to modify parenting time arrangements as parents engaging in domestic violence in front of their children constitutes an unanticipated, material, and substantial change in circumstances: Section 61.13(3)...
Feb 4, 2023 | Restraining Orders
According to Florida law, ex-parte domestic violence injunctions are effective for a fixed period not exceeding 15 days. However, if necessary, the court may grant a continuance to extend the Domestic Violence injunction beyond this time frame: (c) Any such ex parte...
