How likely would a temporary restraining order be made permanent ?:
My wife, who filed for a divorce some months back, has successfully obtained a temporary restraining order against me. It was her third attempt in two months. The information she gave on her third attempt was pretty much the same only repackaged. She also ( in this third attempt ) staged a photo of my shotgun on my bed. She has also called the police on me for making rude comments and has also claimed I’ve destroyed her property and made reports and photos. There has never been any physical violence or reports of any although again, she claims there is and she stated in this last petition “she’s in fear for her life” There is a hearing coming up, what are the possibilities the judge will make the order permanent? The same judge that gave the temporary, will be hearing this, it seems odd it would be the same judge? Why would a judge over rule his own order?? Don’t judges hate to be wrong.
It seems that I’m considered guilty until proven, if at all possible, innocent. I’m really nervous that this will become permanent. We own a home too and I’m barred from the way of life that I’ve lived for years. What can I do to prove my innocence? I actually can’t believe this is happening.
Theodore’s answer:
First, I'm sorry you have to go thru this. Very stressful and scary.
The domestic violence injunction system is set up to enter a temporary restraining order quickly and ask questions later. So the judge eyeballs the initial paperwork, and if it passes muster, will enter the temporary order and set a return hearing for a proper presentation of evidence. I'm sure the picture of the shotgun helped. After each side has the opportunity to present testimony of witnesses and documentary evidence, the judge will decide as to whether to make the injunction permanent. It may seem weird but it is standard operating procedure.
It is extremely important that you seek legal advice and retain counsel. There are wide ranging ramifications of having a permanent injunction entered against you. Gather your evidence, photos, past petitions for injunctions, witness names and phone numbers, and set a consult with an experienced attorney. It can make a huge difference in the outcome of your case.
On the bright side, depending on the evidence, there is a very good chance you can beat this, so stay cool and get good representation. Call my office if you would like a consult.
Good luck!
Ted.
Do I have to inform the primary parent of move?: My ex and I have joint legal custody and my teenage children live with him. They haven't wanted to come visit me lately and I'm thinking of moving. If I am offered a job and decide to take it, am I required to notify my ex or the court? And if so, how do I do that?
Theodore’s answer: Yes, shockingly, Florida Statutes 61.13001 suggests that either parent seeking to relocate must get permission from the court or consent from the other parent. Either get your ex's consent in writing per the statute or file your petition for relocation. Crazy, perhaps unconstitutional, but true. a
Doing an uncontested divorce. Mother does not want child support for our 8 year old daughter? How do we go about doing that?: We were married less than a year and are now separated. Currently filing for an uncontested divorce. She does not want child support. I give her money each month. Is it possible to attend mediation and let the Judge know that we have our own arrangements when it comes to child support so that the Judge doesn't order child support? Do we have to file a motion to deviate from child support guidelines? My attorney friend tells me that in the State of Florida, I will be put on child support because they look at the child's best interests. I also have a friend that went through a divorce and when at mediation, they told the Judge that they already have an arrangement with the child support so the Judge didn't order it. They did have attorneys representing them. I am filing for divorce on my own so I want to make sure I do it correctly since I will not be hiring an attorney due to costs. Any advice would be greatly appreciated.
Theodore’s answer: Run the guidelines to see how much support would be. Then agree to a deviation in the agreement. State a purpose for the deviation (i.e. due to the overall financial arrangement contained in the agreement, unequal distribution of assets, etc.) and mention that the deviation is in the best interests of the child. That maximizes the chances the court will approve your "private" arrangement. Still, the other answers are correct and most likely, even if the judge approves, the no-child-support provision of the agreement will be easily modified.