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FiveStarLaw
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36470
Experience:  25 years of experience helping people like you.
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I have a friend who moved in with her BF. There was a domestic

Customer Question

I have a friend who moved in with her BF. There was a domestic violence issue Monday and he was arrested . He owns the home but she has an injunction to stay in the home for now. She doesn't want to stay there but does not have the finances now to move. My question is can she sue him in civil court as he assaulted her ? how long do they usually let a person stay in a home if they do not own it in this type of case ? I suggested she get an atty and make him an offer to move of 5k since that is how much she lost on her last house in security deposit and movers . Is that something you can do in this type of case . This is in florida
Submitted: 1 year ago.
Category: Family Law
Expert:  FiveStarLaw replied 1 year ago.

FiveStarLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Customer:

hello

FiveStarLaw :

Welcome,

Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

Customer:

thanks

Customer:

Diid u see the question I submitted

FiveStarLaw :

I am a Florida lawyer

Customer:

k

FiveStarLaw :

Yes I am a slow typer!

Customer:

lol im a one finger typer

FiveStarLaw :

what county is your friend in

Customer:

osecola

FiveStarLaw :

how long were they living together

Customer:

2 months

FiveStarLaw :

thank you.

Customer:

things escalated monday nite

FiveStarLaw :

please give me 2 min. to type the bulk of my answer

Customer:

his whole family came to the house and basically cornered her and her hnd got cut

FiveStarLaw :

Since this just occurred on Monday, the order that is in place is a temporary restraining order .

There will be a hearing at a later date to determine whether the TRO should be extended. At that hearing, her boyfriend and others may be heard and may present their arguments– still typing

FiveStarLaw :

Assuming the restraining order is extended, the court will likely set a date for your friend to move out of the house. – 30 days from the date of the hearing would be reasonable

FiveStarLaw :

I agree with your suggestion to retain local counsel to negotiate a sum of money to facilitate her move – it is important that the money not be tied to the restraining order but rather the move

FiveStarLaw :

it would not be legal to offer to drop the restraining order in exchange for money

Customer:

I told her that she can not offer to drop charges for money

Customer:

but she can request money to move if he wants back in house

FiveStarLaw :

good – that would be extortion!

Customer:

thats what I thought

FiveStarLaw :

She can request money to facilitate her move

FiveStarLaw :

she cannot charge him to move back into the house

FiveStarLaw :

It is a matter of semantics and should be handled by an attorney

Customer:

In this case as an atty what would you expect them to do. Im in my own biz and have written checks for much more just to make go away. In my opion they would be crazy not t get her out for 5k

Customer:

does she have any sort of civil case since she was assualted

Customer:

And if she does can she make a deal there as far she will just go away and not pursue any civil suit of they settle or is that viewed the same as the above as far as extortion

FiveStarLaw :

Her attorney can explain to her former boyfriend that your friend can not afford to move since she lost $5000 in the move to his house. However if he is willing to finance her move, she is willing to move

FiveStarLaw :

Yes she would have a civil action

Customer:

can she tie the move and civil action together

Customer:

sort of a bargaining chip

FiveStarLaw :

Again it's a fine line between extortion and negotiation. It's perfectly legal to negotiate a sum of money to not pursue a civil action. It is extortion to negotiate a sum of money to not continue with the restraining order or file a criminal complaint

FiveStarLaw :

yes she can tie the move in the civil action together keeping in mind my above response

Customer:

I was thinking the 5K would settle the move and civil suit she just wants out

FiveStarLaw :

This is the 3rd time I have worked with you – I appreciate your continued business

FiveStarLaw :

Yes – however depending on her injuries she may be entitled to more

Customer:

her hand was just cut nothing major

Customer:

I thought i had talked to u bf

FiveStarLaw :

yes – twice before

FiveStarLaw :

did she require stitches

Customer:

its more the mental stuff they are putting her thru they stood across the street harassing her and the kids

Customer:

no

FiveStarLaw :

The harassment is actionable as well

Customer:

she video taped it

Customer:

realistically in this case minor cut what type of suit does she have and is it worth at least 5 k

FiveStarLaw :

That is ingenious. My best suggestion is that she meet with local counsel to properly evaluate the case

FiveStarLaw :

Her recovery would not be based solely upon the cut but rather the harassment, the intentional infliction of emotional distress and the cost of the move

Customer:

she has limited funds rt now do u see this as a long drawn out process. i told her in my opion they be crazy not to settle for 5k

Customer:

does she look for a family law atty

FiveStarLaw :

I agree that $5000 would be a good deal for them. It seems like a matter that can be quickly resolved

FiveStarLaw :

I would opt for a personal injury or litigation attorney

Customer:

The courts are having the housing atty contact her can he do this or she needs a diff atty

FiveStarLaw :

I would suggest she retain her own attorney

Customer:

k I think thats about all . Are you usually line in eve if I have more questions Id like to stick with your advice

FiveStarLaw :

I am online everyday. Please start your new question with "For FiveStarLaw" to indicate to the other experts that you would like to speak with me

FiveStarLaw :

is there anything else for tonight

Customer:

I dont think so. I was trying to get her advice on just getting a settlement. I told her for her to leave for 5k they should write that check very fast . It will cost them way more in atty fees and she has the upper hand rt now

Customer:

if I have anuy more questions will get back to you

FiveStarLaw :

I agree – good luck to you

FiveStarLaw :


Thank you very much

Customer:

Thnk you

Customer:

have a good nite

FiveStarLaw :

You too

Customer:

I have to say this on line Just answer service is great

Customer:

saves so much time

FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36470
Experience: 25 years of experience helping people like you.
FiveStarLaw and 8 other Family Law Specialists are ready to help you
Expert:  FiveStarLaw replied 1 year ago.

Thank you very much for the "excellent service" rating and the bonus Cableguy!

If I can be of assistance in the future, begin your question with: "For FiveStarLaw"
Customer: replied 1 year ago.

for five star law

Expert:  FiveStarLaw replied 1 year ago.
Hi Cableguy,

Site rules require that your new question be started on a new page.

You may post your new question here:
http://www.justanswer.com/law/expert-fivestarlaw/

Please begin the question with "For FiveStarLaw"
Customer: replied 1 year ago.

for five star law I would like to chat as have more questions

Expert:  FiveStarLaw replied 1 year ago.
Hi,

I am online but the system requires that you open a new question page.

Post "For FiveStarLaw" here:
http://www.justanswer.com/law/expert-fivestarlaw/

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