Articles Posted in Domestic Violence

Reality television star Evelyn Lozada has filed for divorce from former Miami Dolphins player Chad Johnson, formerly known as Chad Ochocinco, after only 41 days of marriage. The Basketball Wives star filed her petition in Broward County on August 14th, only three days after she accused her husband of domestic violence. In an emergency call made by a neighbor regarding the incident, Lozada can reportedly be heard stating Johnson head-butted her. Following the alleged altercation, Johnson was released from his position with the NFL team and a VH1 Reality show about the couple, who wed on July 4th, has been cancelled.

According to local police, the fight began after Lozada confronted Johnson regarding a receipt for condoms. The disagreement reportedly escalated and then became physical. Although Lodaza accused Johnson of initiating the violence, he stated she instead head-butted him. Lozada was treated at a local hospital for cuts to her head following the altercation. In a public statement, Johnson apologized for his behavior and stated he loved Lozado. The six-time Pro Bowler also said he planned on training hard in order to gain another chance to play in the NFL. In her petition for divorce, Lozada stated the couple had a premarital agreement in place. She also reportedly asked the court to require Johnson to pay her attorney’s fees and court costs.

Although no one expects to become divorced, entering into a prenuptial agreement is always a smart move. A prenuptial agreement is a contract that is entered into by a bride and groom prior to marriage. The agreement will specify exactly how a couple’s assets will be distributed in the event of a divorce or the death of one spouse. Because Johnson and Lozada entered into a premarital agreement prior to their wedding day, any questions regarding spousal support or other obligations will already be answered. Additionally, the often emotional divorce process will likely be less stressful on both parties. Too often, individuals with few assets fail to enter into a prenuptial agreement. Regardless of each spouse’s net worth at the time of the marriage, this is a decision many couples later regret.

Similarly, a postnuptial agreement can also make the divorce process easier on couples who choose to separate. Normally, a postnuptial agreement will outline exactly how a former couple’s marital assets will be divided and describe any agreed-upon spousal support obligations. A postnuptial agreement may also include provisions regarding child custody and support but such provisions are always subject to modification by a family law judge.

In the State of Florida, a trial court is not required to honor a prenuptial or postnuptial agreement provision that waives temporary attorney’s fees and costs. It is public policy in Florida that pre-divorce support may not be waived. Because of this, you should always speak to a divorce attorney regarding whether you need a temporary attorney’s fees and costs award.
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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, the 47-year-old defendant 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.

The man was reportedly taken into custody after an argument with his wife escalated. The argument purportedly began because he 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 his wife if she was injured or afraid of her husband. After his wife responded she was not, the judge issued his order: the man 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 the defendant had no prior arrest record. The judge also made clear he would not treat a more serious domestic violence case similarly. In this man’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 the man 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.
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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 Sun Sentinel is reporting that incidences of domestic violence in Miami and Fort Lauderdale are not restricted to one particular income level. In the past few months, domestic violence has occurred in families with different economic classes.

Last Friday, police arrested the wife of a Miami Dolphin’s player after she stabbed her husband. This past month, a man was arrested in Fort Lauderdale after attacking his wife in front of her Broward divorce lawyer in open court. In April, a Davie man killed his wife and then himself.

The following signs are indicative of the fact that someone may be prone to be an abuser:

The Sun Sentinel is reporting that a husband attacked his wife in the chambers of Broward Circuit Judge Ronald Rothschild during a final divorce hearing today causing her to have serious injuries which required hospitalization. Paul Henry Gonzalez, 23, committed domestic violence on his wife without any advanced provocation. He hit her numerous times with closed fists causing her to sustain a torn lip and injuries to her head.

When law enforcement officers arrived in the courtroom, the husband was being restrained by a Broward divorce attorney. After refusing to put his hand into handcuffs, Broward Sheriff Officers tasered him two times before taking him to a hospital for examination.

Mr. Gonzalez is being held in the Broward County Jail on pending charges of felony domestic violence and resisting arrest without violence. The Wife, 23 year old Catherine Ann Scott-Gonzalez, is at Holy Cross Hospital. She will be kept overnight to monitor brain trauma, a broken nose and a broken facial bone by her eye.

When you file for a divorce or paternity action in Fort Lauderdale, many times your lawyer will also be required to represent you in a concurrent domestic violence action. A court can issue an injunction for protection against domestic violence when a party is a victim of domestic violence or has reasonable cause to believe that he or she may become a victim of domestic violence. The court must consider current allegations, behavior during the relationship and the entire history of the relationship. In the case of Malchan v Howard, the appellate court in West Palm Beach found that the trial court abused its discretion in entering a domestic violence action.

In July 2008, the mother filed a petition that sought an injunction for protection against domestic violence in Broward. She alleged that in 2005 the father punched a wall in their home, pushed her into the wall, tried to choke her and told her that he would kill her. She did not make any recent allegations of violence or threats of violence.

At the hearing, the mother testified that she was scared of the father since she planned on filing a child support action against him in the future. She admitted that the father had not threatened to kill her or her child since 2005. The mother also testified that she had spoken to the father three weeks ago when he requested a travel with the child to Orlando, a request that she had denied.

The purpose of a parenting coordinator during your child custody litigation is to provide an alternative dispute resolution to assist with your Broward parenting plan and time-sharing schedule. Your Fort Lauderdale divorce lawyer may recommend parenting coordination in your marital and family law case to assist you and your spouse with the resolution of your child related disputes by providing education, making recommendations, and, with prior approval, making limited decisions.

If you and your spouse have a history of domestic violence prior to or during your Broward divorce, your lawyer may not request that the court order parenting coordination unless you and your spouse consent. If both parties consent to parenting coordination during a divorce or paternity case, the Fort Lauderdale divorce court will require safeguards to protect the safety of the participants.

Absent a written agreement amongst the parties, the court can only appoint a qualified parenting coordinator who is either a licensed mental health professional, licensed physician certified by the American Board of Psychiatry and Neurology, certified by the Florida Supreme Court as a family law mediator with a master’s degree in a mental health field or a member of The Florida Bar. A parenting coordinator used by your Broward divorce lawyer in creating or implementing your parenting plan must also complete three years of post-licensure or post-certification practice, a family mediation training program by The Florida Supreme Court and 24 hours of parenting coordination training.

A Broward County woman who wanted to divorce her husband has been charged with attempted murder after engaging in a brutal act of domestic violence with her husband. Today, a woman residing in Tamarac, Florida held a knife to her husband’s throat and demanded that he sign divorce papers and the deed to their marital residence. The wife was arrested and charged with aggravated battery. Bail was set at $75,00.00 at the Broward County jail. Never try to hurt or commit a crime against your spouse either prior to, during or after your divorce in Fort Lauderdale, Florida.