In Florida, when a person is in fear of becoming a victim of domestic violence, such as aggravated assault, sexual battery, or kidnapping, they can petition the court for an injunction, which is a civil matter, not criminal. If someone is arrested for domestic violence than this would be criminal domestic violence.
The civil injunction is essentially a restraining order that prohibits the accused person from contacting the person that filed the petition with the courts. Sometimes, people petition the court for these injunctions at the end of a relationship when they are feeling frustrated and angry.
Still, even if you are innocent and never hurt the petitioner, nor intended to, the steps you take now will greatly affect any future case. Below are the most important things you should do, and those you should not, after being served with an injunction.
Do Not Speak to the Petitioner
It is natural to want to speak to the petitioner, whether you want to ask why they felt an injunction was necessary in the first place, or you want to ask them to drop the injunction. It is crucial that you do not do this. Judges award petitioners injunctions because they were convinced that the person was in danger. Regardless of whether or not that is true, if you contact the person you are directly violating the injunction, which will have serious consequences.
Complying with the order in this way means not directly contacting the petitioner, not passing messages through a third party, and not even talking to the petitioner if they contact you first.
Do Follow All the Terms of the Injunction
Along with not contacting the petitioner, the injunction may have other terms included in it as well. For example, if you have children with the petitioner, the injunction may state that you are also not allowed to contact the children. Again, it is crucial that you follow all of these terms, as failing to will have severe penalties.
Do Not Possess Any Firearms or Ammunition While the Injunction is in Place
When an injunction is in place in Florida, it is illegal to possess or transport a firearm. If you own a firearm when you are served with an injunction, it is best to have someone else take it from you while the injunction is in place. Due to the fact that it is also against the law to transport a firearm when an injunction is in place, it is also best to have that person come to your home to retrieve the firearm.
Do Speak to a Florida Domestic Defense Lawyer
Being served with an injunction is a very scary thing and you may not know what to do next. One of the first steps you should take is to speak to an experienced Tampa domestic violence attorney. At All Family Law Group, P.A. we can advise on the steps you should take and defend you against any criminal charges you may be facing. Call us today at (813) 672-1900 to schedule a free consultation and to get the legal advice you need.
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Filing for divorce is much more than simply filing a complaint with the court. Before filing for divorce, it is important that the spouse filing takes certain steps before the courts are even made aware of the divorce. The six steps below will ensure that a divorce proceeds as smoothly as possible, and that the terms you receive are most favorable to you.
Decide if You Want to Get Divorced
Although this may sound obvious, some people think that they want to file for divorce when really they are just angry at their spouse. Eventually cooler heads prevail and the spouse that filed may not want to proceed. However, in Florida only one spouse needs to want a divorce and by that time, that spouse may determine that they do want to get a divorce. To save yourself headache and heartache, make sure you and your spouse really will not reconcile before filing for divorce.
Collect All Financial Documents
After deciding that you want to go ahead with the divorce, you should gather all of the financial documents that pertain to your marriage. These can include your banking records, phone records, mortgages, and lease agreements for vehicles. Once you file for divorce these documents are sometimes more difficult to obtain, so it is best to gather these before filing.
Consider Your Custody Goals
Child custody is one of the most contentious issues in divorce because each parent wants to continue having a fair amount of time with their child. Still, it is important to determine what your goals are. Except for in extreme circumstances, a judge will likely award each parent time with the child. When considering what your own goals are, remain realistic to avoid disappointment, and to present a fair case to the judge.
Make Necessary Sales or Purchases
As soon as your divorce proceedings start, a judge will issue an order barring you and your spouse from purchasing or selling any of your assets. This is so that property can be fairly divided. If you have wanted to upgrade your vehicle for a while, or you want to sell a rental property, it is best to do it before you even file for divorce so a judge does not view the purchase or sale negatively.
Determine Where You Will Live
You may not want to remain in the marital home with your spouse after you have filed for divorce. However, moving out may also mean you risk losing the home as part of the divorce proceedings. Determine where you want to live after the divorce, and remain living there during the divorce process.
Speak to a Florida Divorce Lawyer
Even in the most amicable of situations, you should never try to go through the process without the help of a Tampa divorce lawyer. At All Family Law Group, we can advise you on your legal options during your divorce, and help you throughout the entire process. We will handle all the paperwork, and work hard to get you the fair settlement you deserve. Call us today at (813) 672-1900 to schedule your free consultation to meet with one of our attorneys.
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Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
https://www.familymaritallaw.com/how-much-does-divorce-cost-in-florida/
In Florida, robbery is a type of theft crime, but there are elements of it that differentiate it from other types of theft. In Florida, robbery is defined as using force to take property from another person. Robbery does not always include the use of force. Even the threat of force is enough to constitute robbery, as long as property was taken from another person by placing them in fear of physical harm. Due to this element of threat, fear, or harm, robbery is a much more serious offense than other types of theft and is always considered a felony.
The Four Elements of Robbery
Like any criminal act, in order to secure a conviction for robbery, the prosecution must establish four elements of the crime and prove them beyond a reasonable doubt. These four elements include:
If these four elements cannot all be proven beyond a reasonable doubt, the accused has a very good chance of being acquitted of the crime.
The Penalties for Robbery in Florida
As a felony, robbery has some extremely harsh penalties for those convicted. The penalties range depending on the extent of threat or force that was used and include:
Due to the fact that a person could spend the rest of their life in prison, or a good portion of it, anyone accused must speak to a criminal defense lawyer as soon as they are charged.
Our Florida Criminal Defense Lawyers can Help with Your Charges
Robbery is an extremely serious crime in Florida and as such, it has serious consequences for individuals that are convicted. If you are facing robbery charges, call our Tampa criminal defense lawyers at All Family Law Group today. Our attorneys have the necessary experience to uphold your rights and give you the best chance of getting your charges reduced, or beating them altogether. Call us today at (813) 672-1900 or contact us online to schedule a free consultation so we can discuss your options.
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Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.014.html
https://www.familymaritallaw.com/is-it-a-crime-to-create-a-fake-gofundme-account/
The coronavirus has caused devastation throughout the entire world. Countries are closing their borders as people become sick and the most vulnerable members of society pass away from the disease. Meanwhile, just about every country’s economy has taken a huge hit, and people are staying home and refraining from social situations, such as going to the movies or going out to eat.
Now though, there is news that the coronavirus is having another effect, at least in China. The virus has also caused an increase in divorces. After looking at the reasons for this, it is natural for many to wonder if the same phenomenon will happen in the United States. To understand the answer to this question, couples must first understand the link between the sickness and divorce.
Social Distancing
With the coronavirus came the term ‘social distancing,’ even though many people had never heard the term before. Of course, this refers to withdrawing from social situations and trying to keep a distance from nearly anyone a person may see throughout the day. Although social distancing may help keep people healthy, though, it has an unintended consequence.
When people have to distance themselves from others, they spend more time at home and so, spouses are together much more and spend more time together than they typically do. As spouses start to wear on the other’s nerves due to all of this togetherness, it may get to the point where it leads to divorce.
Money Shortages
It is common knowledge that one of the main reasons couples fight regularly and decide to divorce is because of money problems in the marriage. When people cannot work because their children have to stay home from school, or they are sick, or they are simply trying to social distance themselves, they often no longer earn an income. This leads to less money in the household, and increased tension. This could be another cause for the spike in divorces in China after the coronavirus outbreak.
Feelings of Anxiety and Depression
It is true that there is nothing good about the coronavirus. With so much sickness and death occurring throughout the world, and being so isolated from other people, it is natural that during this time, people would have heightened feelings of anxiety and depression. These feelings can also spill over into a marriage and make it more difficult not only for people to cope on their own, but also to cope as a couple. That could be another reason there have been more divorces in China after the coronavirus outbreak.
Our Florida Divorce Lawyers are Here for You
Whether divorces will increase in the United States once the virus outbreak settles down is something that is yet to be seen. However, if you are thinking about divorce for any reason, our Tampa divorce lawyers at All Family Law Group, P.A. are here to help. We will guide you through the difficult process, look out for your best interests, and work hard to get you the fair settlement you deserve. Call us today at (813) 672-1900 or contact us online to arrange a free consultation with one of our knowledgeable attorneys.
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Financing available.
https://www.familymaritallaw.com/six-things-you-must-do-before-you-file-for-divorce/
When a person is about to get married and hears the words ‘premarital agreement,’ it often strikes fear in their hearts. However, they should not. There are many benefits that come with premarital agreements, and these extend to both spouses. Below are just four of the main advantages that anyone about to get married will reap from a premarital agreement.
Open the Lines of Communication
A couple has to talk about a lot before they get married. Of course they have to establish that they both want the same things out of life, such as children and where they will live. Financial experts have also always advised that couples should discuss their finances before getting married. It is important that both partners in the relationship understand the assets and debts the other partner is bringing into the marriage so both people can understand what they are entering into. A premarital agreement can help open these lines of communication and allow the couple to enter the marriage honestly and secure about the plan they have created.
Save Time and Money
Divorces are often lengthy and expensive. This is because the couple or a judge must make final decisions on a number of different terms, such as the division of property. A premarital agreement can help speed the process along because the couple has already made plans for many of these terms and so, it really is just a matter of following the premarital agreement.
Protect Property
Of course, a premarital agreement outlines which property a spouse will keep in the event that the couple gets a divorce. This is the main point of a premarital agreement for many people. When an agreement is enforced during property division proceedings, it takes the control away from the judge and places it back in the couple’s hands. Without a premarital agreement, a judge will make the decision on property division and the couple will have very little say in the matter.
Reduce Conflict
Divorce is extremely difficult for many reasons. The first is the obvious emotional upheaval that a divorce causes for both spouses. The second is that some divorces do involve a long courtroom battle filled with conflict. This conflict is exhausting for both spouses and makes the divorce process even more challenging. A premarital agreement will eliminate that conflict because there is nothing to argue over. Each spouse has already agreed to the terms within the agreement and so, there is no conflict.
Getting Married? Call Our Florida Family Lawyers First
If you are about to get married, it is important that you draft a premarital agreement first. Although engaged couples often do not want to think about divorce prior to their wedding, our Tampa family law attorneys can show you there is much more to a premarital agreement than that. We can help you open the lines of communication so you and your partner can enter into an agreement that is fair for both parties. To learn more about premarital agreements, call us today at (813) 672-1900 to schedule your free consultation. Hablamos español!
Resource:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html
Everyone understands the basic concept of divorce. It is a legal process people must go through when they want to formally end their marriag...
