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Ellen
Ellen, Lawyer, Consultant
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in a fla divorce proceeding can the presiding judge settle

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in a fla divorce proceeding can the presiding judge settle the case and leave a stay away order in place even though no crime was committed or even alleged? Just matrimonial acrimony. Its been 6 months and nothing has happened. Wouldn't it be a constitutional violation to leave an un founded stay away order in place in perpetuity. Furthermore charges of contempt of court have been filed against the protected party and her counsel for multiple documented violations of HIPPA statutes.
*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.*

Hello,

Thank you for your question. I am a Florida licensed attorney. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

I'm not clear how a contempt charge could be filed against a protected party? Did you mean that contempt charges were filed against the restrained party? Please explain.
Customer: replied 3 years ago.
No contempt charges were filed against the protected party who got the stay away under a TRO that was sworn under perjury and subsequently reduced to a stay away. The order has been in place with no incident until I filed charges. I need to know if the stay away can live past a divorce being final and the judge no longer being a party to the case. I live 6 blocks from my ex and share 50/50 custody living in fear of the next accusation. Its been 6 months and no contact by me. I have never committed a crime or even been charged!
Thank you.

A stay away can and often does stay in place after the divorce is final.

I agree that it is not reasonable to expect that there is no contact when 2 parties share custody and live 6 blocks apart.

You may want to petition the court for dismissal/modification to the order based upon your situation. The court can dismiss the stay away or modify it to permit contact for purposes of child care and custody.

I would be glad to respond to any follow-up questions that you may have.
Ellen and 5 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
How can something so intrusive live in perpetuity in a civil matter?

If it is intrusive and not necessary, the court has the power to dismiss or modify. If you petition the court to dismiss or modify, your former spouse would then need to convince the court of its necessity

I would be glad to respond to any follow-up questions that you may have.

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