What Are The Elements For A Stalking Injunction In Florida?
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,...
Can I Get A Restraining Order For Past Violence?
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...
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...