Domestic Violence

Understanding How to Protect Yourself Against Harassment

Published on: February 12, 2014 | by Sandy T. Fox

Florida law provides people with various legal avenues to seek protection if they are victims of domestic harassment. Part of the key to obtaining an order of protection, though, is understanding the limitations of the law and what types of protective orders do, or do not, apply to you. One man’s attempt to seek protection from a jealous ex-girlfriend ultimately failed because, regardless of the woman’s conduct, the type of protective order the man sought did not apply to his situation.

One man ended his on-and-off relationship with his girlfriend in 2011 when he moved from Kentucky to Key West. The man began dating another woman and, by August 2012, the ex-girlfriend allegedly began harassing him. The ex-girlfriend sent packages of animal waste to his place of employment, faxed a letter to the girlfriend of the man’s brother threatening violence against the man and his new girlfriend and engaged in other threatening and hostile behaviors.

The man, representing himself in court, sought “protection against dating violence” against the ex-girlfriend, and the trial court entered an injunction. The 3rd District Court of Appeal reversed the ruling, however. The reason the injunction failed had nothing to do with the ex-girlfriend’s conduct. Regardless of the ex-girlfriend’s behavior, the man and the ex-girlfriend were not in a dating relationship and, as a result, the man could not seek protection from dating violence as defined by Section 784.046 of the Florida Statutes. That law limited the qualification for orders of protection against dating violence to situations where the victim either (1) was currently in a dating relationship with the harasser, or (2) the victim and the harasser had been in a dating relationship within the previous six months.
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Court Vacates Protective Injunction Due to Insufficient Proof of Violence, Threats

Published on: December 19, 2013 | by Sandy T. Fox

An ex-husband’s behavior may have risen to the level of annoyance or general harassment, but not domestic violence, according to a Florida appeals court. The court ruled against the ex-wife’s injunction for protection because her evidence failed to prove that the husband’s past conduct amounted to an intentionally unwelcome touching or that the ex-husband’s ongoing conduct demonstrated a risk of imminent future violence.

In October 2012, a woman sought an injunction for protection from her ex-husband. The wife, who had filed for divorce four months earlier, asserted that the husband had once grabbed her arms and made unwanted sexual advances. According to the wife, this incident resulted in bruises on her arms. She also alleged that she felt threatened by the husband’s constant barrage of text messages that she continued to receive on a regular basis and by an encounter with the husband at a beach.

The trial court granted the injunction, but the 4th District Court of Appeal reversed that ruling and ordered the injunction vacated. The court explained that two possible bases exist under Florida law for issuing an injunction for protection: (1) proof of actual past domestic violence, or (2) a reasonable belief of impending future domestic violence.
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Domestic Violence in Florida

Published on: June 20, 2013 | by Sandy T. Fox

In the wake of the World Health Organization’s (WHO) tragic report detailing the extent domestic violence persists throughout the world, the Law Firm of Sandy T. Fox is dedicating this post to an overview of domestic violence solutions for those in need.The report released by the WHO this month was the first comprehensive worldwide survey of domestic violence. The rate of domestic violence in North America, although lower than the world average, is still about one in four. The report found one third of women have suffered domestic violence with a startling 40% of women killed across the world as a result of attacks by their intimate partner.

Florida Working to End Domestic Violence
A grant awarded to Florida State University researchers has been put to use to attempt to tackle domestic violence in the criminal justice community. This first-of-its-kind online toolkit known as the National Prevention Toolkit on Officer-Involved Domestic Violence and will first hit 10-states before going nationwide. The goals of the initiative are to educate criminal justice officers on communication dynamics and the consequences of domestic violence. The Law Firm of Sandy T. Fox is proud of the nationwide contributions Florida is making to combat this trend.

Leaders in Orange County are also currently revising new ways to tackle this national problem. The Domestic Violence Commission has come up with several new recommendations which may hint towards similar changes throughout the state. Some major recommendations are: preventing those accused of domestic violence from having a phone in jail as they often abuse the privilege to harass the victim, enforcement agencies should be required to alert the State Attorney’s Office in the cause of repeat violations within 24 hour periods, and victims should be added to a no-contact order lists which would allow law enforcement to more easily identify if the individual is in danger again.

Domestic Violence and Family Solutions
Since no-fault divorce has taken the place of more specific fault-based grounds in Florida, domestic violence importance in the divorce has been downgraded to non-existent. Previous acts or a history of domestic violence no longer factor into the divorce proceeding. However, these still do matter in other aspects of a divorce.

Equitable distribution, the settlement of the spouses separate property, is supposed to be fair to both parties and the court will have difficulty ignoring spouses who have been abused, physically or emotionally, or spouses who have suffered acts of adultery.

In instances of domestic abuse in homes with children, it is not only a good suggestion to seek help but a moral obligation. One solution the court may grant is a Protection from Abuse order which can lead to jail time if the offender violates the terms. These cool down periods are necessary to keep yourself and children safe while you consider the road ahead. Anyone within a family may file this order, including grandparents, spouses, ex-spouses, children or anyone intimately involved with the family. Different injunctions exist for those suffering from violence that do not qualify for . A Petition for Protection against Sexual Violence or Injunction for Protection against Dating Violence
Any acts of domestic abuse would favor the non-abusive parent heavily in determinations related to the child including custody and visitation rights.
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Woman in the Midst of Messy Divorce Battle Arrested for Vandalizing Duval County Courthouse

Published on: November 23, 2012 | by Sandy T. Fox

A 35-year-old St. Augustine woman in the midst of heated divorce proceedings was recently arrested after she allegedly spray painted graffiti on the Duval County Courthouse in downtown Jacksonville. According to the Jacksonville Sheriff’s Office, the woman was caught painting letters, broken hearts, and angry messages to a family court judge on a walkway and several pillars attached to the newly constructed building. She is reportedly going through a messy divorce and custody battle. According to court records, her former husband has accused the woman of domestic abuse and asked for a restraining order against her.

The woman was charged with criminal mischief in excess of $1,000 and interrupting a business or utilities in connection with the courthouse vandalism. The woman also allegedly painted graffiti at the corporate headquarters of a family business that is owned at least in part by her former husband. She reportedly spray painted messages to her former spouse and her child in addition to painting other graffiti on the business.

In the State of Florida, domestic violence includes aggravated battery, assault, or stalking, kidnapping, false imprisonment, sexual assault or battery, and a variety of other criminal offenses. A victim of domestic abuse may seek a protection order against an alleged abuser. To obtain a restraining order against an abuser, a victim must provide the court with specific facts regarding why a restraining order is necessary. After a domestic violence victim requests a restraining order, a hearing is held to determine whether the alleged victim’s request should be granted.

In some cases, a protection order may be granted where there is a reasonable fear that domestic violence will occur. A temporary restraining order may be issued until a hearing can be held if the court believes a petitioner is in immediate danger. Temporary protection orders generally last for 15 days, but may be extended at the discretion of the court. A temporary or other restraining order requires an alleged abuser to stay away from his or her victim, the victim’s home, workplace, and other specified locations. A protection order may also award temporary custody of a couple’s minor children to an alleged domestic violence victim. If you were the victim of domestic violence, you should contact a skilled family law lawyer to discuss your rights in more detail.
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Evelyn Lozada Files for Divorce from Chad Johnson Following Alleged Domestic Dispute in Broward County

Published on: August 16, 2012 | by Sandy T. Fox

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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Broward County Judge Orders Man to Take Wife to Dinner, Bowling

Published on: February 21, 2012 | by Sandy T. Fox

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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Power 96 DJ Laz’s Gun Involved In Broward Domestic Violence Murder/Suicide

Published on: September 29, 2011 | by Sandy T. Fox

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.

Domestic Violence On The Rise In Broward

Published on: April 25, 2011 | by Sandy T. Fox

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:

Ex-Marine Attacks Wife During Fort Lauderdale Divorce Hearing

Published on: April 15, 2011 | by Sandy T. Fox

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.

Broward Domestic Violence Lawyer Reverses Injunction Against Father

Published on: March 10, 2010 | by Sandy T. Fox

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.