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Articles Posted in Domestic Violence

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What You Need to Prove to the Judge to Obtain a Domestic Violence Injunction in Florida

If you are seeking an injunction for protection from domestic violence, or if you are defending against such an injunction, it is important to understand that these injunctions can have very real and significant impacts and that these cases should be taken very seriously. Regardless of whether you are the…

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Court’s Refusal to Hear Florida Man’s Defense Evidence in Stalking Case Triggers Reversal of Injunction

An alleged stalking case from the Tampa Bay area serves as a reminder of the appropriate legal and procedural hurdles that must be cleared before an injunction against stalking can be issued. In this case, the Second District Court of Appeal overturned the entry of an injunction against a man because…

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Florida Appeals Court Throwns Out Dating Violence Injunction Due to Lack of ‘Imminent Threat’ of Additional Violence

If your ex-boyfriend or -girlfriend punched you, giving you a black eye in the process, that might make you concerned for your well-being. If, in addition, your home had been vandalized the month before, this might serve, in conjunction with the physical violence, to raise your concern even higher. However,…

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Shortage of Proof Leads to Reversal of Florida Woman’s Order of Protection

A Florida resident who initially obtained an injunction of protection against her ex-boyfriend from a Lee County trial court lost that order when the 2d District Court of Appeal reversed the ruling. The injunction was improper because the woman lacked enough clear evidence that the ex-boyfriend had engaged in acts of…

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Don’t Ignore the Lasting Effects of a Florida Domestic Violence Injunction, Even if it Has Expired

Cases in which one person seeks an injunction for protection from domestic violence are very serious matters for the alleged victim. The consequences of a wrongfully entered injunction can also be substantial for the person standing accused. Since the legal impact of a domestic violence injunction is so significant, Florida law…

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South Florida Man Gets New Hearing in Domestic Violence Case After Trial Court Admits Improper Evidence

A South Florida woman’s pursuit of a permanent injunction for protection from domestic violence against her former partner of 13 years was not yet at its conclusion after the 3d District Court of Appeal threw out a trial court’s decision entering the injunction. The woman, at her permanent injunction hearing,…

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Husband’s Alleged Online Activity ‘Disconcerting’, But Not Cyberstalking Under Florida Law

Today, more than ever, the online world offers a multitude of ways to follow the actions of other people. The ability to be profoundly involved in another person’s life, against their will, without actually being near them is why states like Florida have laws against cyberstalking. An estranged husband’s alleged…

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Deciding Where a Divorce and Child Custody Case Should (or Can) Be Litigated

A woman who took her child and fled an allegedly abusive husband was unable to successfully move her divorce and child custody case to a court in her new home in South Florida. The 1st District Court of Appeal, while openly expressing sympathy for the woman’s difficult position, threw out…

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