Restraining order and eviction

Asked over 1 year ago - Miami, FL

my mother´s partner and I had an argument a couple of weeks ago and she intended to hit me.She said she was going to kill me and make me pay for this.I confronted her because I wanted my mother be aware of some things her partner had done/said that she didn´t know about. She wasnt able to hit me because my husband stopped her.On the day after she had a conversation with my mother and suddenly swallowed a bunch of pills at the same time and told my mom she was going to kill us (my mother,me,my husband and I,who were living together when this happened) and suicide. my mother asked me to call the police.she run away but was found later byt he police and she tried to bite the policeman! there is a police report of all this.do i have chances of getting a restraining order and eviction?thanks!

Additional information

before running away she wrote a ¨farewell letter¨to her son,who lives out of the US apologizing for the decision she had made (in commiting suicide) and she wrote that it was all my fault.I gave the letter to the policeman and he asked me to translate it (it was written in Spanish)and put my name, so all this was done in writting.since she is my mother´s partner, my mother was requested to write in the report the whole story and sign it. after all this happened my mother and this woman moved out of our place, but my mom wants to end the relationship with her.if this happens i know that woman will come after me.this woman doesnt have any family and my mother is all she has (economic support, her nurse, her maid, her only friend, etc)i should also mention that this woman is disabled. she has arthritis, lupus, and fibromyalgia but she can walk, drive, etc because she takes a loooot of medication every day.

Attorney answers (1)

  1. Carin Manders Constantine

    Contributor Level 19

    1

    Lawyer agrees

    Answered . If you and your family lived in the same home as your Mother, you have grounds for an injunction under Chapter 741.30 of the Florida Statutes. I will post that here for you:
    741.30 Domestic violence; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement; public records exemption.—
    (1) There is created a cause of action for an injunction for protection against domestic violence.
    (a) Any person described in paragraph (e), who is either the victim of domestic violence as defined in s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, has standing in the circuit court to file a sworn petition for an injunction for protection against domestic violence.
    (b) This cause of action for an injunction may be sought whether or not any other cause of action is currently pending between the parties. However, the pendency of any such cause of action shall be alleged in the petition. You can read the rest at http://www.leg.state.fl.us/statutes/index.cfm?A....

    Domestic violence; definitions.—As used in ss. 741.28-741.31:
    (1) “Department” means the Florida Department of Law Enforcement.
    (2) “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.
    (3) “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

    The Court will use the following factors in determining if your Mom is a danger to you: In determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court shall consider and evaluate all relevant factors alleged in the petition, including, but not limited to:
    1. The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse.
    2. Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner.
    3. Whether the respondent has threatened to conceal, kidnap, or harm the petitioner’s child or children.
    4. Whether the respondent has intentionally injured or killed a family pet.
    5. Whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives.
    6. Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement.
    7. Whether the respondent has a criminal history involving violence or the threat of violence.
    8. The existence of a verifiable order of protection issued previously or from another jurisdiction.
    9. Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner.
    10. Whether the respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence.

    Although you can have your mother removed from your joint residence through this statute, it is not a substitute for a proper, legal eviction. That is a different issue. Good Luck.

    This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq.... more

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