What is Substantial Emotional Distress in a Stalking Injunction Case in the Orlando, Florida Area?
Section 784.0485 Florida Statutes (2018) permits an injunction to be entered where elements of stalking have been established. Section 784.0485 is analyzed by looking at section 784.946, which deals with injunctions against repeat violence. Repeat violence, in turn, requires two incidences of violence or stalking. 784.046(1)(b). To support an injunction against stalking, the petitioner must […]
Divorce in Orlando, Florida Area, and the Effects on Social Security Benefits
There was an interesting article in the Orlando Sentinel Section 2 on Sunday May 30, 2021 by Elliot Raphaelson. In the article, Raphaelson discusses Social Security benefits after divorce. He states that this is one of the least understood but most important topics. Eligibility Requirements The author states that to be eligible for a benefit […]
What Happens in an Orlando, Florida Case When One Judge Issues a Final Judgment and Another Takes Over Before the Rehearing?
When one judge in the Orlando, Florida area issues a final judgment and another judge takes over the case before the rehearing on the case, a successor judge has no authority to vacate the predecessor judge’s final judgment. A successor judge has limited authority to issue orders inconsistent with the predecessor’s rulings. Those limits are necessary […]
Can the Trial Court Order Relief That Was Not Pled in an Orlando, Florida Area Divorce?
Whether the trial court can order relief that was not pled in an Orlando, Florida divorce has been asked and answered on many occasions. For example, the generic request included in a prayer for relief is insufficient to cure a failure to plead an issue. The generic, boilerplate language in the prayer for relief in a motion does […]
Considerations on Being a Personal Representative in an Orlando, Florida Probate Estate Administration
When you consider becoming a personal representative in a probate state administration, you should first meet with an attorney about representing you and filing the Probate Administration paperwork. At the initial consultation, the attorney will explain the process of probating an estate in the Orlando, Florida area. They will determine whether you can file a Summary Administration […]
Stealing from Grandma in the Orlando, Florida Area
There was a very interesting article in AARP MAGAZINE by Doug Shadel titled “Stealing from Grandma.” Shadel states that he usually warns seniors about professional scammers. However, in this article, he talks about family or friends stealing from loved ones. He says that these crimes are all too prevalent, adding the sad fact that very […]
What is a Parenting Plan in an Orlando, Florida Area Divorce or Custody Case?
A parenting plan in an Orlando, Florida area divorce or custody case is statutorily defined as a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child. In creating a parenting plan, all circumstances between the parents, including their historic relationship, domestic violence, and other factors, […]
Breaking News from Supreme Court of Florida Regarding Parenting Plan-Modification Time-Sharing
The Florida Supreme Court ruled in CN, Petitioner v IGC, Respondent, 46 Fla. Law Weekly Supreme Court of Florida Case No. SC20-505, April 29, 2021, that a final judgment that modifies a pre-existing parenting plan is not required to give parents concrete steps to restore lost time-sharing and return pre-modification status quo. In this case […]
Can an Illegitimate Child or Child Born Out of Wedlock Inherit from Their Biological Father in the Orlando, Florida Area?
Whether an Illegitimate Child or Child Born Out of Wedlock can inherit from their Biological Father depends on many factors. The first question to ask is whether the Biological Father died Testate or Intestate. Testate means the Biological Father had a will. Intestate means the Biological Father died without a will. Of course, if there is a […]
What is Required to Subject Someone to a Baker Act in the Orlando, Florida Area?
The Baker Act is covered in Florida Statute 394. Florida Statute 394.463(1) sets forth the bases for subjecting an individual to an involuntary examination under the Baker Act. It states as follows: A person may be taken to a receiving facility for involuntary examination if there is reason to believe that the person has a […]