Fort Lauderdale Divorce Lawyer Blog

A Broward County judge recently handed down a rather unusual bond court ruling to a Plantation man charged with domestic violence. At his initial appearance hearing, 47-year-old Joseph Bray was ordered to buy his wife flowers and a birthday card, take her to dinner at Red Lobster, take her bowling, and attend marriage counseling.

Bray was taken into custody after an argument with his wife escalated. The argument purportedly began because Bray failed to wish his spouse a happy birthday. According to the arrest affidavit, he pushed his wife onto a sofa, placed his hand on her neck, and threatened to punch her. Broward County Judge John "Jay" Hurley asked Bray's wife if she was injured or afraid of her husband. After his wife responded she was not, the judge issued his order: Bray was required to take his spouse on a date for her birthday.

According to Judge Hurley, he made the unique ruling because the incident was rather minor and Bray had no prior arrest record. The judge also made clear he would not treat a more serious domestic violence case similarly. In Bray's case, his spouse did not appear to be in any danger despite the couple's fight. Judge Hurley stated in this particular instance, his ruling was a better resolution than the alternatives of setting a bond or keeping Bray in custody. Judge Hurley also ordered the couple to begin attending marriage counseling within one week.

In Florida, domestic violence can include assault, battery, stalking, aggravated assault, battery or stalking, sexual assault or battery, kidnapping, false imprisonment, and other criminal offenses. State law allows a victim of domestic violence to seek a restraining order against her or his alleged abuser. In order to obtain a protection order against an abuser, a victim must petition a court and provide specific facts regarding why a restraining order is merited. After that, the court will hold a hearing to determine whether a protection order is warranted.

A restraining order may also be granted where a petitioner has a reasonable fear that domestic violence will occur. If the court believes the petitioner is in immediate danger, based on the allegations in the petition, it may issue a temporary restraining order until a hearing can be held. Temporary orders generally last for 15 days, but are subject to an extension at the discretion of the court.

If a permanent protection order is granted, it will not expire. A petitioner must ask the court to modify or end a permanent restraining order. The petitioner must also demonstrate changed circumstances that warrant the modification or termination of the order. A temporary or permanent protection order requires an alleged abuser to stay away from the petitioner, the petitioner's residence, place of employment, and other designated locations. It may also award a petitioner temporary custody of any minor children and require the abuser to give up their firearms and ammunition.

Continue reading "Broward County Judge Orders Man to Take Wife to Dinner, Bowling" »

On Sunday, September 25, 2011, ten days after being arraigned on two counts of misdemeanor battery/domestic violence against his wife and his wife's Mother, Marcus Nathaniel Trotman shot his wife, her mother and himself in what police are calling a murder-suicide.

Prior to the incident, Trotman had been working as an audio engineer with popular South Florida Power 96 radio personality Lazaro Mendez (A.K.A. "D.J. Laz"). Shockingly, Sunrise police confirmed that the gun recovered from the scene-a Walther PPK .380 caliber handgun-was the same make and model as one reported missing by Mendez the evening of the shooting. However, police have yet to confirm whether the gun used by Trotman actually belonged to Mendez.

Mendez' publicist issued a statement to the media saying he was "deeply shocked and saddened" by the shooting. According to police reports, Trotman and Mendez were friends. In fact, Trotman had been living with Mendez since Sunrise police arrested Trotman for battery on August 21, 2011 and a judge ordered him to stay away from his Wife and her Mother.

The murder-suicide leaves Lorenzo's 5 year-old-daughter, who was present during the shootings, and her 13 year-old-brother in state custody until a suitable home can be found.

On Tuesday, September 27, 2011, Broward Family Court Judge Susan Greenhawt held a custody hearing for the girl and an older brother, whose whereabouts were not discussed. At the hearing, child custody divorce attorneys in Fort Lauderdale dealt with matters pertaining to child custody. The girl has been staying with a baby sitter, with the Department of Children & Families monitoring as custody issues are resolved. A man claiming to be the girl's biological father was in court Tuesday and agreed to a DNA test to verify paternity.