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Family Law

Stalking in the Orlando, Florida Area

The Florida Statute on Stalking is Florida Statute 784.0485. Stalking is when someone willfully, maliciously, and repeatedly follows, harasses, or cyber stalks another person. To harass means to engage in a course of conduct directed at a specific person which causes ...

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What Are Your Rights at an Injunction Against Dating Violence Hearing in the Orlando, Florida Area?

The parties in a domestic injunction proceeding have full due process rights. Due process demands fair notice and a real opportunity to be heard and defend before a court imposes judgment. To be fair, notice must be of such nature as reasonably to convey the required ...

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Res Judicata in the Orlando, Florida Area

What is Res Judicata in the Orlando, Florida area, and what does Res Judicata mean in law? The phrase “Res Judicata” means “the thing that has been decided” in Latin as well as in law. It is founded on the principle that a final judgment of a competent court is conclu...

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stalking

Injunctions and Stalking in the Orlando, Florida Area

Before a court may impose an injunction against stalking, the court must find that the alleged conduct would inflict substantial emotional distress on a reasonable person. In addition, under section 784.048(1)and(2) Florida Statutes, the trial court must find that no legitimate purpose existed to ju...

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Certified Question on Disqualification of a Judge

The Fourth District Court of Appeals recently certified this question: To what extent may a judge issue a written denial of a motion for disqualification that stays within the confines of both Florida Rule of General Practice and Judicial Administration 2.330(h) and t...

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Is It OK to Track Your Spouse in the Orlando, Florida Area?   

There was an interesting article on whether it is okay to track your spouse in the Wall Street Journal by Jon Krause Family and Technology titled "Read More

Can You Modify or Dissolve an Injunction?

Pursuant to 741.40(6)(c), Florida Statute (2022), the terms of the injunction shall remain in effect until modified or dissolved. 

Modifying or Dissolving an Injunction

Either party may move at any time to modif...

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When Can a Prenuptial Be Useful?

You are contemplating marriage. However, you want to make sure all the assets that you have worked very hard for during your lifetime are protected. You want to make sure the inheritance for your children from a first marriage are preserved. A prenuptial agreement may...

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What to Know if You are Filing or Have Been Served with an Injunction for Protection Against Domestic Violence in the Orlando, Florida Area

If you are thinking about filing an Injunction for Protection Against Domestic Violence in the Orlando, Florida area, you can contact Harbor House in Orange County or Safe House in Seminole County.  They will discuss the issue...

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Involuntary Inpatient Placement Under the Baker Act in the Orlando, Florida Area

What is necessary for Involuntary Placement Under the Baker Act in the Orlando, Florida area and for the appointment of a guardian advocate? There must be "clear and convincing evidence" that because of the mental illness, a person is incapable of surviving alone or w...

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