How Is Child Support Determined In 50/50 Custody Cases?
According to Florida case law, in split custody cases where each parent has income and each has custody of one of the parties' two children, the trial court should determine the total child support obligation and each child's share of that obligation. The court should...
Can A Child Testify In A Divorce Proceeding?
According to Florida Family Law Rules of Procedure 12.407, children cannot testify in a divorce case unless a judge has determined that their testimony is relevant and necessary to resolve the issues before the court: No minor child shall be deposed or brought to a...
Do You Have To Show Up For A Restraining Order Hearing?
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, was...
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...