Injunctions

November 15, 2011

What is a Restraining Order

A few days ago I wrote about the Texas Family Law Judge, William Adams, being caught on video beating his daughter. The video showed Judge Adams beating his then 16 year-old daughter, Hilary Adams with a belt. The video has caught the attention of news agencies across the country and has outrage the public at large.

Since the video has been released Judge Adams has been served with a restraining order that temporarily terminates his visitation with his younger daughter. Judge Adam’s, ex-wife, Hallie Adams is reported to fear that her daughter is not safe spending time with Judge Adams right now.

A hearing has been scheduled for November 21st to determine whether Judge Adam’s visitation with his younger daughter should continue to be denied or should be supervised by a third party.

November 14, 2011

Social Media and Divorce

by David M. Goldman

The popularity of Facebook and other “second lives” people lead on the internet has given rise to social media playing an increasingly prevalent role in the courts. Earlier this month, a judge in New Jersey ruled that a woman could be prosecuted for identity theft after apparently creating a fake Facebook account for her ex-boyfriend. She used the account to insinuate that he had herpes, visited prostitutes, and was “high” all the time. The man was a narcotics detective, so the claims were especially problematic for him.

Similarly, a Michigan case recently saw a judge order both parties in a divorce to exchange passwords to their Facebook accounts. The parties are fighting over custody of their children, and the father claims his ex-wife’s social networking history will show that she is incapable of taking care of the children. The judge ordered the two of them to exchange passwords and also told them they must refrain from posting messages in the other party’s name.

It’s only a matter of time before these issues start popping up in Florida. It’s very important to remember that anything you post on line can be accessed by someone else. Nothing you post is completely anonymous and it will remain on the Internet forever. Be professional and think before saying things, especially if you are involved in a dispute.

November 10, 2011

Divorce, Seperation, and Restraining Orders

by David M. Goldman

In Jacksonville, Florida injunctions (commonly known as restraining orders) can be very beneficial and are often times necessary for victims of domestic violence. However, as a Jacksonville Family Law Attorney, I know with injunctions come obstacles.

For example, lets say Husband and Wife with two children decide to get a divorce. The Husband has been both emotionally and physically abusive to Wife. Wife secures an injunction for protection against Husband. Due to the physical and emotional abuse the Family Law Judge in the divorce grants Husband temporary supervised timesharing (visitation) with the children. How are the children going to be exchanged for Husband’s timesharing?

In Jacksonville we have the Family Nurturing Center (FNC). The FNC serves as a meet up point for supervised exchanges. Precautions are taken to ensure that the Husband and Wife have no contact with each other.

October 8, 2011

What is Required to Obtain an Injunction/Restraining Order Against Someone?

by David M. Goldman

I have written about Injunctions on numerous occasions throughout this blog. I’ve described the types of injunctions in Florida, the definition of domestic violence, and firearm rights and the relation to injunctions in Florida, among many other things. However, I recently realized I have not blogged about the legal standard required to obtain an Injunction against an individual.

The case of Oettmeier v. Oettmeier, 960 So. 2d 902, (Fla. §2d DCA 2007), speaks directly on this topic. In this case the wife sought a domestic violence injunction against her husband. Said injunction was granted by the Circuit Court. The husband appealed and the Second District Court of Appeals held that competent, substantial evidence did not support the finding that the wife had an “objectively reasonable fear of imminent domestic violence”. The case holds that if fear alone is the “reasonable cause” alleged to support the injunction, then not only must the danger feared be imminent but the rational for the fear must be objectively reasonable as well; absent this objective reasonableness, the Petitioner’s belief is unsubstantiated speculation that does not support the entry of an injunction.

If you’re seeking to obtain an injunction contact a Jacksonville Domestic Violence Lawyer today to schedule a free consultation. Night and weekend appointments available.

September 28, 2011

Florida Restraining Order

by David M. Goldman

As a Jacksonville Restraining Order Lawyer, I assist clients initiate injunctions for protection against domestic violence (commonly known as Restraining Orders). I also defend against these injunctions when they have been filed against clients.

In my opinion, injunctions in Florida are the most misused and misfiled document in Family Law. Florida Statute section 741.28 defines what acts are considered as domestic violence in Florida. Specifically, Florida Statute 741.28 states, “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”

Many times, I see a Petition for Protection Against Domestic Violence that does not contain any allegation of domestic violence as required by the aforementioned Statute. As such, I am able to successfully defend against the allegation(s) in court. If you are the subject of an injunction petition, looking to file a petition for injunction, or are facing an impending family law matter in general, contact a Jacksonville Family Law Attorney to represent you.

September 21, 2011

Domestic Violence: Should I Represent Myself at an Injunction Hearing?

by David M. Goldman

Many individuals who are served with petitions for injunctions go at it alone and attempt to defend the injunctions in court without an attorney. The question I often see is “should I just defend the injunction on my own?” There are many issues that could potentially arise without the help of a knowledgable Jacksonville Family Law attorney.

An injunction can have effects that go further than requiring you to stay away from a particular person. Many times injunctions can affect a person’s work and family life, too. If you are facing a party that is represented by a knowledgable attorney you stand a low chance of overcoming a well-written injunction petition or having your petition granted if you are the petitioning party. Furthermore, a knowledgeable attorney can take advantage of the rules of evidence, something many “pro-se” individuals (people who are not represented by an attorney) have little expertise in. By doing so an attorney can take advantage of the pro-se parties lack of knowledge in the rules of evidence and prevent them from getting much of any testimony presented to the judge. I personally see this happen on a regular basis in injunction court.

The best advice is not to look over such a disadvantage, especially in a matter that can have so many repercussions for an individual. If you are the subject of an injunction petition, looking to file a petition for injunction, or are facing an impending family law matter in general, contact a Jacksonville Family Law attorney to represent you.

September 16, 2011

Restraining Orders and The Importance of an Attorney

by David M. Goldman

Domestic Violence Injunctions in Jacksonville

Florida has four separate types of injunctions (also known as restraining orders): one for domestic violence, one for dating violence, one for sexual violence and one for repeat violence. This blog deals strictly with domestic violence, but look for future blogs discussing dating, sexual and repeat violence injunctions.

In Jacksonville Domestic violence has been defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. Any person who is the victim of domestic violence in Jacksonville or has reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of domestic violence in Jacksonville is given the ability to file a petition for an injunction against domestic violence. Even a member of the family or household can file the petition; it does not have to be “spouse v. spouse.”

February 14, 2011

False Domestic Violence Accusations

by David M. Goldman

Domestic violence is a serious issue not to be taken lightly.

However, it is important not to overlook the possibility of false domestic violence accusations and the consequences they produce. Such accusations can destroy the reputations of the accused and can cause overwhelming legal fees if fought through the courts.

False domestic violence claims are often times a fast and effective way for a party to win child timesharing and speed up divorce cases.

NewCheif.com wrote an article on this exact issue, entitled “Florida Dads Asking for Help Against False Accusations.”

December 13, 2010

Injunction Functions in Florida

by David M. Goldman

As a Florida Family Law Lawyer, I initiate injunctions for protection against domestic violence for my clients and I defend against them when they have been filed against my client. The injunction in Florida is probably the most misused and misfiled document in domestic relations. Florida statute section 741.28 defines what acts are considered as domestic violence in Florida. Many times, I see a petition for protection against domestic violence that does not contain any allegation of domestic violence as required by the statute. As such, I am able to successfully defend against the allegation in court. If you are attempting to seek an injunction talk with Jacksonville injunction for protection against domestic violence lawyer.In addition, if you are in an abusive situation, you should call 911 and report the abuse and get the immediate protection you require and deserve.