Can I Get A Restraining Order For Harassment?
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,...
Can Domestic Violence Be A Basis To Modify A Parenting Plan?
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)...
How Long Does a Domestic Violence Injunction Last?
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...
What Constitutes Violating a Restraining Order in Florida?
According to Florida law, there are 8 ways someone can violate a domestic violence restraining order: 1. Refusing to vacate the dwelling that the parties share; 2. Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a...
Evidence You Need For a Domestic Violence Restraining Order
According to Florida law, both case law and statutory law, a victim must provide competent, substantial evidence that he or she is in imminent danger (see a list of 10 factors below) of becoming a victim of domestic violence in order for a domestic violence...
What proof do you need for a restraining order for stalking?
According to Florida case law, a victim needs competent, substantial evidence of stalking which can include a pattern of conduct composed of a series of acts over a period of time: Here, the petitioner testified to multiple occasions where the minor child shouted...
How Does the Court Determine the Level of Imputed Income?
According to Florida law, when determining child support the court may impute to a voluntarily unemployed parent based on several factors, including employment potential and the probable earnings level based upon a parent's recent work history, occupational...
Is entireties property presumed to be a marital asset?
According to Florida case law as of the date of this article, entireties property is presumed to be a marital asset, regardless of the date of acquisition, where the husband failed to prove he did not intend to gift the home: “By both statute and case law, entireties...
What is the definition of dwelling in a Florida divorce?
According to Florida case law as of the date of this article, when determining whether a stereo is considered "furniture, furnishings, and equipment contained in the dwelling house" a "dwelling house" is broadly defined as the apartment or building or group of...
Is Past-Due Alimony a Vested Property Right?
According to Florida case law as of the date of this article, past-due installments of alimony become vested property rights of the spouse to whom the money is due: "The final issue concerns the trial court's unexplained reduction of the alimony arrearage. Past-due...