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Ask Legal-Kal Your Own Question
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 543
Experience:  Attorney at Law Offices of Khaled Issa
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My wife and I are residents of Florida. We have had

Customer Question

Hello, my wife and I are residents of Florida. We have had physical violence in our marriage: My wife committed battery 3 times against me within the last 1yr - 1 1/2 years. I did not press charges. After this, I grabbed her phone and her arm (allegedly) and she had me arrested; I have been going through Pre-Trial Diversion, FavorHouse DVI program, and other do my part. and, we are separated via injunction. She continues to escalate the violence, verbally with threats of Police and such for whatever reason.
JA: You're dealing with a tough issue. But don't worry -- you're in good hands. I know the lawyer has information that can help. Have you consulted a lawyer yet?
Customer: I want to know about pressing charges now, because she actually punched me twice in the face and slapped me on another occasion during a conversation. Statute of Limitations?
JA: Is there anything else the Criminal Lawyer should be aware of?
Customer: Statute of LImitations for Battery?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Legal-Kal replied 5 months ago.
Good afternoon: My name is ***** ***** I would be happy to provide general information regarding your question. The question regarding the Statute of Limitations depends on the nature of the charges. Because Domestic Violence, specifically Battery here as the underlying action, would constitute a first degree misdemeanor, the Statute of Limitations is two years from when the incident occurred (as is the case with most other first degree misdemeanors). Any questions based on this? If so, please ask and I would be happy to clarify what I have provided. If not, please remember that experts here are not employees of JustAnswer and do not get credited for assisting until the individual clicks ACCEPT and rates the assistance provided. Your cooperation in this regard is appreciated. Thank you.
Customer: replied 5 months ago.
I was authorized a 1-time visit to my home, to pick up personal items and "tools of the trade." Police here said that my computer (which I use for my business, Travel RN, and retain all education and certifications are on computer:
Also, I have court in 1 week, on 24 May to defer a Home Forclosure Sale, and ALL documentation of my home, My IRS, and Banking correspondences are on computer. Police said it was ok, when questioned.I took computer to obtain information. My wife got mad, and went to State Attorney about this. Am I right/wrong in this issue?
Customer: replied 5 months ago.
The computer was broke, I paid $99.00 to get fixed. Got my documentation and returned "Fixed PC" 2 days later.
Expert:  Legal-Kal replied 5 months ago.
Are you asking if you committed any offense based on entering the home to obtain your property?
Customer: replied 5 months ago.
NO. I "was authorized" by Court, to go to home, escorted by Sheriff. I got my stuff and left. Now, she is going/has went to State Attorney (her assigned Atty) to protest. Sheriff said, "If you use this for your business/or trade, there is not a problem ." I want clarification of this, and if there is any worry.???
Expert:  Legal-Kal replied 5 months ago.
As long as you had court permission to enter the premises and were escorted by sheriffs (as is required) then no crime has occurred and you cannot be held accountable for any criminal violation. On top of that, since the sheriffs were there, there are witnesses that would support your position that nothing criminal occurred and would counter any allegations that she has made. The State's Attorney's Office knows the above (that you had an order to enter the premises AND that sheriffs were present). This would make her story (whatever it may be) to the prosecutors less credible.
Expert:  Legal-Kal replied 5 months ago.
essentially, there is nothing to worry about as a result of her "allegations" whatever they may be.
Expert:  Legal-Kal replied 5 months ago.
I see you have read my response. I hope the information provided was helpful. If you have questions on what I provided, please ask. If not, please remember to click ACCEPT and rate as that is the only way experts here can be credited. Thank you.
Expert:  Legal-Kal replied 5 months ago.
Since you have no other questions, I assume that my information indeed has been helpful. Please remember to comply with the Terms of Service agreed upon by clicking ACCEPT.
Expert:  Legal-Kal replied 5 months ago.
Please remember to click ACCEPT and rate the assistance provided as I have assisted with two of your questions. Thank you.

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