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Donna Hung's Answers
Contributor Level 10
- 78 Legal Answers
- 1 Legal Guide
3
Attorney answers:
Is it considered stalking or harrassment in Florida, for a person to repeatedly contact you by phone over 80 times a day?
Contact the authorities. They may be charged with harassing phone calls or even stalking. You may also want to file for an injunction (restraining order).
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Attorney answers:
Re: Getting a felony sealed in the state of Florida for a first-time offender.
Contact a criminal defense attorney in your area to discuss options for sealing your friend's case. There are certain crimes that you cannot seal or expunge if you were found guilty by a judge or pled guilty or nolo contendere (no contest) to certain crimes, even if adjudication was withheld. If your friend is able to petition to seal his case, it would be after his supervision period ends and the process usually takes around 5 months although it could be less or more depending on many...
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3
Attorney answers:
How to write a judge? on a domestic violence and battery charge?
You need to make these concerns and wishes known to the state attorney's office. Make sure they have your current contact information so you are adequately notified of upcoming court dates. You can let the Judge know what you want by giving a "Victim Impact Statement" which is generally stated prior to sentencing. Alternatively, if you cannot speak at sentencing, the state attorney or victim advocate may be able to tell the Judge what you are requesting.
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5
Attorney answers:
My ex has violated the restraining order by leaving threatening messages
Your ex could be charged with Aggravated Stalking after an Injunction as a felony criminal charge. As an ex domestic violence prosecutor in the 9th Judicial Circuit, we took these cases very seriously. Make sure you keep in contact with the State Attorney's Office and you may want to consider hiring an attorney in your jurisdiction who can represent you as a victim and in the civil restraining order case.
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3
Attorney answers:
During a divorce, Can my ex ask for my girlfriend to stay away from my child during visitation?
It is unlikely that the Judge will order this condition if your ex is asking for this out of spite. With that said, if there is evidence that it is in your child's best interests to stay away from your girlfriend, this could be ordered (i.e., child abuse, drug abuse, etc. present). Normally, parents need to understand that they cannot regulate who the other parent dates and whom is around their child(ren) when the child(ren) is visiting the other parent.
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2
Attorney answers:
I 'm the victim and didnt press charges , the state did...do I speak to the DA.?
You can inform the state attorney (district attorney's office) that you are unwilling to prosecute. This does not mean that the state cannot proceed with their case. The state may have enough evidence without you (i.e., witnesses, injuries, Defendant's admissions, etc.) to go forward. You may want to talk to the state and/or the attorney for the Defendant regarding your concerns.
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4
Attorney answers:
Will pleading "no contest" to a simple battery charge hurt me?
Speak to an attorney immediately. Do not plead no contest as if you do, you are pleading to the offense. If you believe it was self-defense, you need to speak to a criminal defense attorney and have someone represent you to discuss what your options are.
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2
Attorney answers:
I am unemployed & wonder how much it costs to get an attorney to help me fill out divorce papers?
You can contact my office for a free confidential consultation. I practice Family Law in Orlando and can help you with your divorce paperwork for a reasonable fee. Donna C. Hung, Esq. Law Office of Donna C. Hung, P.A. 605 East Robinson Street Suite 330 Orlando, Florida 32801 407.455.2728 Tel 866.527.3214 Fax donna@donnahunglaw.com
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4
Attorney answers:
What are the chances for a battery charge to be dropped on afirst time offender
Although your boyfriend wants to "drop" charges, that does not mean that the state will follow his wishes. If the state can prove the case without him, they may do so. Contact a knowledgeable criminal defense attorney to represent you. I am a former prosecutor who specialized in domestic violence cases. Contact my office for a free confidential consultation. Donna C. Hung, Esq. Law Office of Donna C. Hung, P.A. 605 East Robinson Street Suite 330 Orlando, Florida 32801 407.455.2728...
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4
Attorney answers:
Crime involving moral turpitude
Possession of cocaine is not a crime of moral turpitude. Crimes involving moral turpitude usually include crimes against a person, property, sex offenses, and fraud.
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