Domestic Violence

October 20, 2011

Domestic Battery Going Unprosecuted in Topeka, Kansas

This does not have any real effect on Jacksonville, Florida, but it goes to show how politics and lack of funds can severely limit law enforcement with regard to harmful criminal acts. For the past 25 years, the county has prosecuted the city’s misdemeanors. After a 10% budget cut, however, county officials said they would no longer prosecute those crimes, saying the city should pick up the tab. The city, however, says it does not have any money. Further, the city points out that its attorneys don’t have any experience prosecuting the matters because the county has done it for the past 25 years.

The fight has been going on for a month. During that time, the city’s misdemeanors — including some charges of domestic battery — have gone largely unpunished. The city is hoping the county continues prosecuting these crimes, but it’s unclear when the issue will be resolved.

Domestic violence is a serious issue for both men and women. The act itself is a crime, but there are other personal and legal issues that come with domestic violence. Domestic violence is a serious issue and if you or someone you know is in a violent relationship, contact local authorities.

October 11, 2011

Hubbard House and Domestic Violence

by David M. Goldman

Hubbard House was the first domestic violence center to open in the state of Florida. To date, the center has been critical in helping thousands of domestic violence victims – be it man, woman, or child. The center is celebrating its 35-year anniversary since opening the doors in 1976. Hubbard House has been integral in creating the significant number of options a victim of domestic violence has today compared to what was available prior to 1976.

Hubbard House doesn’t just provide an emergency shelter. The House provides adult and youth outreach services, school-based education, therapeutic childcare, batterers intervention programs, court advocacy and volunteer and community education. So Thank You, Hubbard House, for all that you do for Northeast Florida!

Remember that if you or anyone you love is ever in the unfortunate situation of dealing with domestic abuse, referring that individual to Hubbard House could be a life or death move. 10 people on average per year in Jacksonville are killed as a result of unreported domestic abuse, far too many in the eyes of the Hubbard House.

October 10, 2011

Domestic Violence Signs

by David M. Goldman

This story that came up in the Florida Times Union last week presents a great example of why no one should underestimate a threat. That’s not to say overreact to every threat; but when a threat gets to a dangerous level, especially where there are questions about the aggressors mental state, it is time to take some action.

On Sunday, September 25, a 96-year-old St. Augustine woman was charged with the murder of her nephew – who, by the facts, feared her. The story told of an aunt that moved in because there was no one else to care for her. All seemed pleasant, but at the drop of a hat the aunt would grow unpleasant. She threatened to kill her nephew and his wife on multiple occasions, and even told them she had a gun. But, because of her age and the fact that the nephew didn’t know of any gun, the threats appeared

unsubstantial.

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 24, 2011

What Should You Wear if You Have to go to Court?

by David M. Goldman

Hiring a good Florida Family Law Attorney is one of the more important decisions you can make in your family law issue. A good attorney will use the most persuasive means to advocate your cause.

Sometimes, however, people overlook a very important aspect of persuasion: your attire. As the client, you want to give the court the best impression you can. This means you need to dress conservatively. The court may not say anything if you show up in jeans and a cut-off shirt; however, the court definitely does notice it. You want to make a good impression, so wear something you might wear to church or to a nice restaurant.

Most of all, you want to convey respect to the court. Look presentable. The court might not notice if you got a new haircut, but it will definitely notice if you just rolled out of bed. Being presentable to the court will help your Florida Family Law Attorney persuade the court to your side. Contact an attorney to discuss any family law issues you may have.

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.”

September 15, 2011

How to File or Defened an Injunction

by David M. Goldman

If you or someone you know is a victim of domestic violence there is assistance in the Jacksonville area. Specifically, Hubbard House is the only certified domestic violence center serving Duval and Baker county. Hubbard House has numerous services that help aide individuals who find themselves victims of domestic violence. Among other services, Hubbard House can provide emergency shelter, counseling, batterer’s intervention, and court advocacy.

However, if you or someone you know is seeking to obtain an injunction for protection it is important to know that Hubbard House’s court advocates are not attorneys. In order to obtain legal assistance in obtaining an injunction you should contact a Jacksonville Injunction Attorney.

June 23, 2011

Florida Injunction Lawyer on Behalf of Your Children

by David M. Goldman

As a Jacksonville, Florida Injunction Attorney, I am often asked about the affects of injunctions in Florida. The Courts acknowledge that people who are in domestic relationships have the ability to ask the court to enter an injunction against a party where there is violence in the relationship. An injunction in Florida has the effect of stopping the other party from doing the action that harms.
Where the violence or harm involves children, some Florida Courts allow the non-violent party to seek an injunction against the violent party on behalf of the child.
If you have a similar situation, you should contact a Jacksonville, Florida injunction lawyer who can provide you with the law based on your specific situation. You should contact counsel even if you have not personally witnessed the violent party in action, but your children have told you about it.