Tamara Lynne Nicola's Answers

My husband went to jail for domestic violence and I placed a restraining o, can I send him pictures of the girls and books?

This seems like a two part question. When your Husband was arrested, there was probably a criminal no contact order, in addition to your civil restraining order. The criminal Judge probably signed an Order prohibiting him from contacting you even if he is released. On the criminal side, I would stay in touch with the victim advocate or the prosecutor's office to see if they have a program where they contact victims in the event the abuser is released. As far as sending things to your...

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Can I postpone my trial for my divorce?

Unfortunately, you will probably need to have the Court dismiss your lawyer and that requires you calling him/her and asking him/her to withdraw. You will probably also need to file a Motion with the Court to continue your case and citing all the various reasons you need more time. If you are on the eve of trial, the Judge may not allow you to continue your case simply because you are unhappy with your attorney. You should contact your local bar association to inquire whether there are...

If DCF has been called to the same place and never found anything, can the person that is calling out of spite go to jail?

Anyone who knowingly, or willingly, makes a false report can be convicted of a third degree felony in Florida (Section 39.205). The statute also provides that anyone making a report in good faith is immune from liability. The problem with this Statute is that it allows someone who is lying to claim "good faith" in making the report. I have had a few instances where I knew that's what the person was doing and yet I could not get a DCF investigator, a police officer, or a prosecutor to do...