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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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if a case for domestic violence was dismissed for no just cause,

Resolved Question:

if a case for domestic violence was dismissed for no just cause, can the judge issue a stay away order for the family civil case with a different case number?
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question and for asking for me. I look forward to working with you to provide you the information you are seeking.

Yes, the family court or civil court restraining order is a separate action from the criminal court action and has a different burden of proof. The criminal case has a burden of proof beyond a reasonable doubt, while a civil or family case only has a lesser burden of by a preponderance of evidence (just a little more evidence on one side than another).

Thus, like in the OJ Simpson case where he was acquitted of criminal murder charges, but was found liable in civil court for the same murder, so can the court issue a restraining order in civil court for DV when the criminal DV case was dismissed.



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Customer: replied 1 year ago.

The hearing for petition for domestic violence was dismissed without cause but her attorney plead what if something happens in the future,so the judge place a stay away order on the civil case no. that was not noticed and the case of domestic was dismissed. Was this correct for the judge to issue without a notice for the civil case. Only the domestic case was noticed.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Judges in civil courts are "gun shy" and afraid that if something happens and they did not issue the order, so they lean more in favor of issuing these orders than not. This type of civil restraining order is the most abused court order of them all, but because the judges are scared they issue them like they are nothing.

Yes, the judge can still issue the civil order without notice on the civil case just to protect themselves.
Customer: replied 1 year ago.

I hear that the stay away order vcan not be placed on both parties, is this true, and why not.


Is the stay away order seen as that I am guilty? or capable of causing harm? It seems prejudicial and is being used to obstruct my visitations with children.

Expert:  Law Educator, Esq. replied 1 year ago.
The stay away order is supposed to only be placed on one party whom the court feels may be the aggressor. However, the law does not forbid a court from issuing mutual stay away orders in these cases either when warranted. The whole thing about mutual orders is from domestic violence advocates who claim that putting the order on the alleged victim is punishing the victim.

NO the stay away order DOES NOT mean you are guilty of anything. The stay away order is just a prophylactic measure to cover the court in case something happens. Yes, low life attorneys can and do use this type of order to impair visitations, but the court can still grant visitations using third party transfers of the child while still keeping within the stay away order.
Customer: replied 1 year ago.

yes, the low life attorney did this to scare the judge who just came from criminal court. The judge did not place a stay away order from the children.


 


Why is it so difficult for judges to force visitations even with testimony from court appointed psychologist says that I can still rescue the children from alienation.


 


The judge keeps saying he wants to get to the bottom of the issue at every hearing but does not force visitations. The children are being alienated and the psychologist already has testified that the visitations need to be forced and the longer he waits the harder it will be. The new judge has being on case for two month. there was a prior judge who had made finding of parental alienation on the mother but was reversed by appellate court, and now i have not seen the children for five months since the reversal.


 


Are the judges afraid to loose the women vote on court elections/ Why are they so soft on women wh

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up.

Some of these are rhetorical questions that even attorneys ask all the time.

All you can do is take appeals like your ex did on the judge denying you visitations and seek to get the appeals court to intervene as they did on her appeal.

You have to just keep filing motions with the court for the visitations and keep producing the evidence to build a record for you to appeal on.

Judges are historically favorable to women in custody cases even though they are not supposed to be and are supposed to be gender neutral, but they are afraid of bad publicity with women more than with men.
Customer: replied 1 year ago.

she went on spansih tv like eight times, disrupted my church, my place of business, violated the no timesharing order from judge.. The psychologists are afraid to get bad publicity because he was also accused of bribes, and judge of corruption, and that I would kill my children which I adore. The 3rd dca ruled they had reviewed the complete record when the record was still in the judges chambers the day they ruled, They even denied the rehearing. The appellate court ignored their own laws to have a full record. Now I am back to were it started two and a half year. How frequent is it for the appellate court to circumvent the law and substitute their opinion for the trila judges opinion? Is it rare or does it happen frequently?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up.

I understand your frustration with the matter, just like every father going through these cases. Unfortunately, we have to work through the legal system available to us. You could have appealed the 3rd DCA ruling to the state supreme court on that basis as it is grounds for appeal to not review the entire record.

Courts on the district and appeals level frequently do things they should not do, it is called judicial activism and they circumvent laws and make law when that is not their function under the separation of powers. It is a hot issue, but as long as they are judges they get to continue doing it and you have to go to the court over them to get your relief.
Customer: replied 1 year ago.


We went with a writ of Mandamus to the supreme court since the district purposely did not state that they had reviewed an incomplete record later admitted by the opposing attorney in her reply brief. We cited a case Applegate v. ? but the supreme court ruled that the appeals court had jurisdiction to rule the way they wanted since they were not breaking any laws. It was judge rothenberg at the 3rd dca who is not liked by many attorneys who wrote the opinion.


 


So I am the mercy of the trial judge to expedite the case? I have another status hearing tomorrow. He does not like to be pushed. . What is a strategy I can use to expedite case. I filed a letter a few days to expedite case.


 


 


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry to say that you are at the mercy of the judge to move the case and if he does not like to be pushed and you push him, do you want to guess how he will rule? FL courts already despise pro se litigants because they do not follow court rules and they do not understand court process and rushing the court is something you are only going to anger your judge by doing. If you already filed your motion to expedite there is nothnig else you can do except now wait for the court to set the matter.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88665
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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