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Lawrence Joseph Marraffino
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Lawrence Marraffino’s Answers

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  • Can a landlord make you pay for an eviction?

    Long story short. I was late with my rent when the landlord came to pick it up. I got the money but he never came back to get it. A couple of days later the sheriff came knocking with an eviction notice. I called the landlord he came to pick up th...

    Lawrence’s Answer

    Yes, but only if he complied with all the requirements of the Florida Landlord Tenant Law. More information is needed to answer your question.

    Lawrence J. Marraffino
    Florida Bar Board Certified Civil Trial Lawyer

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  • My car is in my ex boyfriend's name. I pay the payment but would he be legally allowed to take it from me?

    My name isn't on the car. He added me to his insurance, but we are no longer together so what are my options to ensure I get to keep my car?

    Lawrence’s Answer

    Even though your name is not on the title you may still be able to sue him for the payments you have made. I assume the loan is in your name? If not, just sue him in small claims court for the amount of the payments made. If you are on the loan, and have made all the payments, you may be able to sue him for the car itself. That would be complicated and you would probably need an attorney.

    Lawrence J. Marraffino
    Gainesville Florida Board Certified Civil Trial Lawyer

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  • Is taking pictures of someone without their permission considered harassment and stalking?

    I have filled a protective order for stalking against my step son's mother. She went by our house 3-5 times a week for months prior to being served (I have pictures and video to prove this), on a couple occasions followed me from my house at a cl...

    Lawrence’s Answer

    You should hire an attorney to get a protective order. It is your best option. Keep making police reports in the interim. Ask the police why they are not arresting her for stalking? Her conduct meets the legal definition.

    Lawrence J. Marraffino
    Gainesville Family Law Attorney

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  • How do I terminate the parental rights of a father who has abandoned their child?

    I am an unwed mother of a five month old whose father has gone another two month stretch without visiting. He doesn't help financially and never has. I filed for child support shortly after my daughter's birth but no action has been taken. Due to ...

    Lawrence’s Answer

    I generally agree with the answers previously posted. If you were to terminate parental rights there would be no child support obligation on the father's part. Given the particular situation you are in, I would recommend preparing a Last Will and Testament where you could give your preference as to the appointment of guardians in the event of your death and leave a record of your preference and the lack of involvement of the father. I have done this for other clients in your situation. While not binding on the Court, it would seem to be your best course of action right now. Also, it is not very expensive as far as legal fees go.

    Lawrence J. Marraffino
    Gainesville Family Law Attorney

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  • How serious do judges take parental alienation?

    Mother, of my now 6 month old, refused any contact with me for months before our child was born, did not notify me of birth, a respiratory infection she encountered after she was born. She told mutual friends not to disclose any info to me about ...

    Lawrence’s Answer

    VERY SERIOUSLY. Florida law wants a child to have a loving relationship with both parents. Neither should do anything to inhibit that from happening.

    Lawrence J. Marraffino
    Florida Family Law Attorney
    www.ljmpa.com

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  • My sons mothers boyfriend spanks my son. What can I do?

    Me and my sons mother are separated and have 50/50 custody of our son. She has a new boyfriend that lives with her. Last night while I was getting ready for bed I was taking my belt off and my son asked me if I was going to spank him. This shocked...

    Lawrence’s Answer

    If you believe that the spanking rises to the level of physical abuse I strongly recommend that you call DCF as soon as possible to report the child abuse. The Florida Abuse Hotline accepts reports 24 hours a day and 7 days a week of known or suspected child abuse, neglect, or abandonment and reports of known or suspected abuse, neglect, or exploitation of a vulnerable adult. To make a report you can
    report online at https://reportabuse.dcf.state.fl.us/
    or call 1-800-962-2873

    After reporting the incident you may wish to contact an experienced Family Law Attorney to address the custody arrangements or get an order prohibiting the boyfriend from hitting your son or being around him.

    Lawrence J. Marraffino
    North Florida Family Law Attorney
    www.ljmpa.com

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  • Can i take any action if my son is injured by and student in school. he has 2 fractures ins his right arm and 1 in his wrist.

    against the school and /or student or hs parents

    Lawrence’s Answer

    You have a potential claim. There may be issues in negligent supervision that can be raised to show that the school was at fault. You need to contact an experienced attorney as soon as possible.

    Lawrence J. Marraffino
    North Florida Bar Certified Civil Trial Specialist

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  • Do married couples when separated for a good number of years, and one dies, still have to take care of the other's expenses?

    Both still live on property, because of lesser expenses, but in separate housing. Neither have any expenses in the other's name. However the property is in only one's name because when separated, one got the RV and the other got the mobile home ...

    Lawrence’s Answer

    You really need to consult a lawyer in person to answer this question as there are many factors that have to be considered.

    Lawrence J. Marraffino
    Gainesville FLorida Board Certified Civil Trial Lawyer

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  • How responsible is a judge for giving a correct judgment?

    Ok, not all judges have the answers, and their staff may not "find" the answer he likes. But just how incorrect in facts of law can a judge be and still have it be the rule of that particular trial? Does one have to bear the cost of appeal and hop...

    Lawrence’s Answer

    Judges are expected to give a ruling that follows the established law based on their findings of fact. Many times Judges make mistakes and get it wrong. The most common way to "correct" an erroneous ruling by a Judge is to file an appeal. Unfortunately, the party filing the appeal has to bear all the costs of the appeal including filing fees, the cost of the transcript of the hearing and attorney's fees to handle the appeal. In many cases the client cannot afford to do all of this. Every party has the right to appeal every final order made by a court, subject to the costs set forth above. If you want to file an appeal, I suggest you contact a lawyer as soon as possible as there are deadlines that MUST be met to preserve your rights.

    Lawrence J. Marraffino
    Gainesville Florida Bar Board Certified Civil Trial Lawyer

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  • Is a cross out of a name change statement on the final divorce decree mean that I can't revert back to maiden name?

    My official copy of the final divorce decree has the name change statement crossed out with initials on it, where it stated. defendants name .... is hereby changed to her maiden name, xxxxxx. is all crossed out and initialed.

    Lawrence’s Answer

    I agree with all the opinions of my colleagues. You likely will need to file a Petition for Change of Name. I have attached a link with the forms that are required based on your stated residence in Florida.

    Lawrence J. Marraffino
    Gainesville Family Lawyer

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