Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

for five star law I have some questions and would like to

for five star law...
for five star law I have some questions and would like to go on chat for follow up from other nite
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
6/15/2013
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified

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:

good morning

FiveStarLaw :

Welcome back and good morning

Customer:

have some follow up questions for you

FiveStarLaw :

How is your friend doing?

Customer:

she's doing Ok very rattled

Customer:

she had a letter left on her door yesterday from an atty stating some sec code that she was being given her 30 day notice to vacate the house since she was month to month

FiveStarLaw :

understandable

Customer:

since there was no lease and this was not a tent situation how can they do that or is its scare tactic

Customer:

and did anyone have the right to come on the property at all to put this on the door , Her kids are scared anyone comes to the door

Customer:

are you here ?

FiveStarLaw :

Yes the property owner does have the right to terminate her right to occupancy. Actually in Florida only 15 days notice is required to terminate a month-to-month tenancy. I know that she does not have the lease and does not pay rent but the law still considers her a tenant

Customer:

ok

Customer:

can she fight that

Customer:

since she was in a relationship and assualted

FiveStarLaw :

There seems to be some technical problems on the site this morning. I am here and responding immediately but the screen indicates differently

Customer:

k thats fine

Customer:

can she fight the eviction . he had made promises to her that if she moved out of her place he pwuld replace the 3000 in security deposits she lost

Customer:

and she has no money now to move

Customer:

she she has a order of protection did they have the right to come on the property and place this on the door or should fit of been malied

FiveStarLaw :

Yes. A landlord cannot forcibly remove a tenant. Instead he must file an unlawful detainer action and if successful have the sheriff remove the tenant

Customer:

he kids get scared anytime anyone comes to the door after they harassed her the other nite

FiveStarLaw :

My screen is flashing – are you having problems viewing the screen or my responses

Customer:

no I'm getting your answers

Customer:

just premise what question you are answering

FiveStarLaw :

understandable that they would be frightened. She should retain local counsel to negotiate the payment that we discussed in the last question.

FiveStarLaw :

If an unlawful detainer action is filed, she will have the opportunity to present her defense in court

Customer:

so she can tie this up for awhile and stay there if she flies an action

Customer:

she has an appt with an atty next week and sending her kids to their grandparents in texas

Customer:

not sure if you answered this question or saw it- Does anyone have the right to come on the property that is acting as an agent of the owner of the home if she has an order of protection . Should the notice been mailed

FiveStarLaw :

It is the landlord who must file an action to remove her. She will be able to present a defense in that action

Customer:

Ok then she can raise a defense then . How long does that process usually take if he enters an action

FiveStarLaw :

An attorney does have the right to have an agent post the notice despite the fact that an order of protection exists

Customer:

ok

FiveStarLaw :

the process takes a few weeks

FiveStarLaw :

First she will be served a complaint giving her 5 days to respond. She will need to respond with her defenses at that time

Customer:

I think I know what your answer will be but can she call his atty and just say " I will move out immediately if I m reimbursed for my expenses to move or does she need an atty to do that . She just wants her 5K she lost in mob=ving in

FiveStarLaw :

She can call his attorney directly however it would be best to retain counsel

Customer:

Ok so she at least try to see if this can be done quickly and she can move .

FiveStarLaw :

Yes

Customer:

she just can't mention anything about the arrest being dropped she just has to say " look I will move if Im reimbursed the 5K i lost by leaving my other house "

FiveStarLaw :

correct

Customer:

can she mention that she will not pursue any civl charges as part of her getting the money to move

Customer:

or just stick to the 5k to move

FiveStarLaw :

yes -

Customer:

so she can make the dropping of the civil suit part of it just nothing to do with the criminal charges

Customer:

thats a sep ballagme

Customer:

I know in many states anyway with DV that the state takes up the case anyway

FiveStarLaw :

That is correct – she cannot mention dropping the restraining order either

Customer:

k

FiveStarLaw :

Have I overlooked any of your questions

Customer:

last question so she gets served with this get out of house and she responds how long do these uuayy get heard by the court

FiveStarLaw :

Usually within a couple weeks

Customer:

is this a long process if she is going to out up a denses and she has a good one with the assualy

Customer:

assault

Customer:

yes you have

FiveStarLaw :

It can be dragged out but usually an eviction proceeding is resolved within 2 months

Customer:

he's going thru a divorce rt now so the longer he is out the worse it will be for him as he's in a custody battle and the already is not good for him

Customer:

so he may want back in asap. Thats why I asked about her calling his atty and trying to negotiate her 5k to leave. She just wants what she is owed and lost and move on with her life and get her kids into a new home

FiveStarLaw :

I see

Customer:

he main goal is to get her kids back to normal

FiveStarLaw :

she can call the attorney and negotiate provided she does not offer to give false testimony or drop the criminal action

FiveStarLaw :

I understand

Customer:

I told her she has a case for more but she doesn't care other then move out and on

FiveStarLaw :

ok

Customer:

I will tell her that today. Going to have her make a simple offer. I will type up a script for her

Customer:

can you look at this real qucik

FiveStarLaw :

yes

FiveStarLaw :

I do not see it

Customer:

I am calling to respond to the notice you left on my door. I would be more then willing to move and not drag this out ( which I will) if I am reimbursed for the cost of my move into this house and cost to move out again. I lost 3k in sec deposits and was promised by our client he would reimburse me. I will have 2 k in moving costs as well . If he is willing to give me 5k in legit expenses it cost me I will vacate in 14 days and in addition will not pursue and civil charges against your client as well . We can just move on with our lives . If this offer is acceptable I will sign papers immediately upon receipt of a certified check. if this offer is not acceptable then we will do this thru the legal system

FiveStarLaw :

perfect

Customer:

I am going to suggest she send it as an e mail so there is no twisting of words or her going off track and saying things she should not say

FiveStarLaw :

yes

Customer:

keep it rt to her point going to have her add that he has 48 hours to respond

FiveStarLaw :

Yes – you can state that he has until Monday at 5:00 PM to respond or she will retain counsel

Customer:

she has the upper hand here and the family has money so if they were smart they would write the check quickly

FiveStarLaw :

I would not say 48 hours since this is the weekend

FiveStarLaw :

I agree

Customer:

I ws going to have her e mail it monday

Customer:

so there is no confusion on time and add 5pm weds

FiveStarLaw :

That is fine

Customer:

telling her all thru e mails so his atty can't trip her up with something she says

FiveStarLaw :

correct

Customer:

and its a take it or leave it offer

FiveStarLaw :

yes

Customer:

well thats about it for today You must love this service you dont have to leave the house to make money on a saturday

Customer:

its really a great service

Customer:

and you have been so helpful

FiveStarLaw :

thank you so very much. It is always a pleasure to work with you. I wish you the best

Customer:

one last question for you with your experience in family law

FiveStarLaw :

yes

Customer:

i a case like this if they turn down the offer what reasonable amount of money if she hired a natty ask for to settle this with the harassment and attack

FiveStarLaw :

a few hundred dollars

Customer:

thats the tatty fee

Customer:

what about what do u think her case is worth

Customer:

what number would an atty throw at the guy

FiveStarLaw :

10,000 – may be settled for 8 or 9

FiveStarLaw :

Just a rough estimate

Customer:

k thanks plus they would have atty fees as well so 5k is a number they should jump at

FiveStarLaw :

I think so

Customer:

if this does go forward can she ask for her atyy fees to be paid as well

FiveStarLaw :

Yes but it is unlikely that the court would award her attorney's fees

FiveStarLaw :

Good luck to both of you

Ask Your Own Family Law Question
Customer reply replied 4 years ago

I lost the screen to pay you and tip


 

Thank you for letting me know. Hopefully this will help
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified
Ellen and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Got it and paid have a great day

Thank you
Ask Your Own Family Law Question
Ask Ellen Your Own Question
Ellen
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
36,715 Satisfied Customers
Experience: 25 years of experience helping people like you.

Ellen is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My ex wife just passed away im the only ex husband alive am
my ex wife just passed away im the only ex husband alive am i able to get her social security our marriage lasted about a couple of years only but as i stated im the only husband still alive' … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My nephew is 17 and was caught stealing 2 lighters at
My nephew is 17 and was caught stealing 2 lighters at Walmart in Georgia. He just turned 17 and has never been in any trouble. He is an honor roll student and has always done well at school and an arh… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
What happens to a marriage certificate if that couple gets
What happens to a marriage certificate if that couple gets divorced? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
Would a judge likely find abandonment in my termination of
second opinion] Would a judge likely find abandonment in my termination of parental rights case in Florida:Case is ongoing. I let my parents watch my son for 18 months. I was sending $900 a month and … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
My husband and I disagree more often than not. The real
Hi my husband and I disagree more often than not. The real issue comes when it involves business decisions. We own rental properties and he does whatever he wants our latest blow our is about one of t… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
Would a judge likely find abandonment in my termination of
Would a judge likely find abandonment in my termination of parental rights case in Florida:Case is ongoing. I let my parents watch my son for 18 months. I was sending $900 a month and visited 3 times … read more
Sue
Sue
Juris Doctorate
238 satisfied customers
My husband is selling all of our property including land and
My husband is selling all of our property including land and homes . He was contemplating divorce but now he says he doesn't want to. If he seeks the property and than files divorce what can I do?… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,088 satisfied customers
We have filed a domestic violent case against my friend's
We have filed a domestic violent case against my friend's husband. The court date is coming up this Wednesday. From one day to another our attorney changed her stand and now she is pushing us to take … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,939 satisfied customers
My husband and I seperated in October 2016. My son has
My husband and I seperated in October 2016. My son has autism so I filed for SSI form him. He was granted $558.34 per month for 10 months because my husband and I reunited. I called and told them. The… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
My boyfriend is going to court to attempt to get a set
my boyfriend is going to court to attempt to get a set visitation schedule with his son, and be more involved in decisions regarding him. however he has a rocky past. What are important points to prep… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
Mom left for her vacation in London without my daughter. I
Second opinion] Mom left for her vacation in London without my daughter. I don't know were she is. I suspect she is with her grandmother. My question is what kind of emergency motion can I get to take… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
How does this work?. I have a question about joint custody.
No, I have a question about joint custody. My son has turned 18 and would like to live with me exclusively. Can he decide where he wants to live before he graduates high school? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
Can a father give up parental rights to an ADULT child to
Can a father give up parental rights to an ADULT child to stop paying child support arrearages? … read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
I am in Arizona. Lived with girlfriend for two years. We
I am in Arizona. Lived with girlfriend for two years. We have two kids together. I want to sell the house and she doesn't. Will the court order it sold. Also, do we list the assets such as furniture a… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have been divorced for 20 years and the property
i have been divorced for 20 years and the property settlement was never completed i signed over the house in return for no past presnt future child support or medical bills but she has refusrd to refi… read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers
I am a relative care giver and yesterday in court the father
Good Morning I am a relative care giver and yesterday in court the father of a child that is my custody made some claims against me that was not true every time I went to say my side of the story or s… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
Is there a particularly age when a child can decide which
Is there a particularly age when a child can decide which parent he or she would like to live with… read more
Expert James
Expert James
Doctoral Degree
11,684 satisfied customers
My phiance passed away from cancer I Last April. I was
My phiance passed away from cancer I Last April. I was living with her and taking care of her. When she was in the ICU, intubated and sedated I when to her ATM and withdrew 500 a day for over a week. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x