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Domestic Violence Protection Orders Under Florida Law

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Domestic Violence Protection Orders Under Florida Law

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In Florida, residents subjected to physical injury or other types of assault by a family member, live-in roommate, or partner can seek legal protection. People under the age of 18 can also file for protective orders with permission from their guardians. Parties do not need to be married or living together if they share a child. Injunctions can also modify custody orders and grant 100 percent custody to the survivor.

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In Florida, residents subjected to physical injury or other types of assault by a family member, live-in roommate, or partner can seek legal protection. People under the age of 18 can also file for protective orders with permission from their guardians. Parties do not need to be married or living together if they share a child. Injunctions can also modify custody orders and grant 100 percent custody to the survivor.

While injunctions are usually due to violence, protection orders are also valid for non-physical crimes such as stalking. Individuals can also seek a protective order if they have a reasonable fear of violence, even if no prior incidents have occurred. Florida residents can file a restraining order, also known as an injunction, in the jurisdiction where they live. If domestic violence survivors do not want their location revealed, they can choose to file in the perpetrator's county of residence.

The protection order process begins by filing a petition with the appropriate circuit court. The filer can seek assistance at the Clerk's office or anti-domestic violence nonprofit to maintain their confidentiality and fill out the paperwork accurately. The individual must also describe the incident in detail and sign the final form before a notary or the judge. The judge will then review the petition and weigh several factors, such as the relationship between the petitioner and the perpetrator, the perpetrator's past criminal history, and the severity of the incident.

If the judge believes the petitioner is in immediate danger, they will order a temporary injunction. The perpetrator may be banned from interacting with the survivor and any shared dependents, including animals. A local sheriff will notify the perpetrator of the injunction and escort the individual from the residence. Temporary injunctions last up to 15 days. Both parties must appear at a court hearing before the temporary injunction expires.

At the hearing, both sides can present their case. The injunction may be dismissed if the petitioner fails to appear. If the perpetrator doesn't participate in the hearing, the judge may grant an automatic final injection. This bans the perpetrator from interacting with the petitioner directly or through third parties. They may also lose their right to own a firearm.

Most injections are valid for a set period of time, but judges may make them permanent. Permanent injunctions can only be dissolved or modified through the court. If the parties reconcile, they must change the order or risk a violation, a first-degree misdemeanor. Perpetrators who break any of the conditions stipulated in the injunction may spend up to 12 months in prison or be fined a maximum of $1,000.

If the survivor moves to another state, their Florida injunction remains valid. Under the Violence Against Women Act, all states must recognize and enforce protection orders. However, most states cannot extend temporary protection orders issued out-of-state. Extending a protection order would require filing with the state where the original injunction was issued or filing a new petition in the new state. Therefore, survivors must consider their own safety when determining the best course of action.

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Domestic Violence Protection Orders Under Florida Law

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In Florida, residents subjected to physical injury or other types of assault by a family member, live-in roommate, or partner can seek legal protection. People under the age of 18 can also file for protective orders with permission from their guardians. Parties do not need to be married or living together if they share a...

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Landlord and Tenants Issues That Require a Lawyer

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Landlord and Tenants Issues That Require a Lawyer

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A Florida resident, Derek Tyler, a Fort Myers attorney, graduated from the University of Miami and currently serves as a lawyer and counsel at his own office. Derek Tyler, a Fort Myers, Florida native and attorney, also oversees clients in need of landlord and tenant lawyers.

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A Florida resident, Derek Tyler, a Fort Myers attorney, graduated from the University of Miami and currently serves as a lawyer and counsel at his own office. Derek Tyler, a Fort Myers, Florida native and attorney, also oversees clients in need of landlord and tenant lawyers.

Though landlord and tenant relationships can easily be solved through communication, there are also cases when an issue arises and cannot be fixed without the services of a lawyer. Landlords are required to follow eviction procedures designed by the state, and cannot force a tenant to move out by threatening them or removing some of their services such as utilities. A case where a lawyer's services are required by tenants is also when landlords discriminate or abuse them. There are over 10,000 complaints filed by tenants to the Department of Housing and Urban Development every year due to discrimination.

Landlords are also responsible for the maintenance and repair of the house if the tenants did not destroy anything and failing to do that is a reason for tenants to acquire the services of a lawyer. Failing to live up to the promises can also cost landlords as they can be held liable if the tenants file complaints, or hire a lawyer.

Categories Tags Posted on Derek Tyler, Landlord Derek Tyler

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Landlord and Tenants Issues That Require a Lawyer

# data[].attributes.attachment_link.description
A Florida resident, Derek Tyler, a Fort Myers attorney, graduated from the University of Miami and currently serves as a lawyer and counsel at his own office. Derek Tyler, a Fort Myers, Florida native and attorney, also oversees clients in need of landlord and tenant lawyers.

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Derek Tyler is a proficient criminal law attorney and experienced negotiator who holds a juris doctor from the University of Miami in Florida. Derek Tyler currently serves as the principal attorney at his law firm, the Law Offices of Derek M. Tyler, P.A., in Fort Myers, Florida. Since its founding in 2007, the firm has sought to provide effective legal representation and secure the most favorable outcomes for clients. It currently offers services in practice areas ranging from sex crimes and juvenile delinquency to drug crimes and domestic violence.