Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My 45 year old nephew was just served with a temporary

My 45 year old...

My 45 year old nephew was just served with a temporary domestic violence injunction against stalking. His ex gilrlfriend posted a pic of her puss and boobs on Craigslist. No face of course. He sent said pic to her ex husband and some friends. She is also selling herself. He sent that info around by text. Is that stalking?

Lawyer's Assistant: Because criminal law varies from place to place, can you tell me what state this is in?

Florida.

Lawyer's Assistant: Has anything been filed or reported?

Apparently to law enforcement. She said in papers they told her to go this route.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She is claiming to live in the same trailer park as him which makes him homeless because it is less than 500 feet. How do we prove she does not live there?

Show More
Show Less
Ask Your Own Legal Question
Answered in 25 minutes by:
11/16/2016
Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12,620
Experience: Attorney experienced in numerous areas of law.
Verified

Good evening. Where there's no pattern of harassment, following, threatening or tracking, there's no stalking. I understand the alarm of receiving a temporary domestic violence injunction, but it's less alarming when you understand the legal mechanics of it. It doesn't take much to get a Temporary Domestic Violence Injunction -- the court takes a "shoot first, ask questions later" approach because someone has alleged a danger that is so imminent that the normal delay of due process would result in harm. To get the temporary order, protected party doesn't have to prove anything--she only needs to make allegations that, IF true, would justify an injunction. The purpose of the temporary order is to keep the parties safe and maintain the status quo until they can get to court and have a chance to be heard. Once in court, two important things happen: (1) the enjoined party has a right to present their side of the case, and (2) the protected party has the burden of proving that the injunction is necessary. Theoretically, the enjoined party could go to the hearing, do nothing, and the protected party could still lose if she doesn't prove her case.

​So, as unpleasant and unnerving as this is, it doesn't mean anything just yet. Your nephew is not presumed guilty and no wrongdoing has been proven. He just needs to go to court for his hearing, and it will be up to her to prove that the allegations are true.

​As for proving how she doesn't live in the trailer park, you would prove it just like you would prove anything else in life -- photos, witnesses, documents... most anything that tends to prove what you're claiming can be used. How might you prove that you went to a grocery store? You might have a sales receipt, people may have seen you at the store, and (of course) you might have a cabinet full of groceries.

​Let me know if further clarification is needed, and please feel free to leave a rating once you are finished (it does not cost anything extra to do so, and it is the only way I may be credited for my answers.) Thank you!

Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12,620
Experience: Attorney experienced in numerous areas of law.
Verified
Brandon M. and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Brandon M. Your Own Question
Brandon M.
Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12,620
12,620 Satisfied Customers
Experience: Attorney experienced in numerous areas of law.

Brandon M. 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:

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

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

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

22,390 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,059 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
How do I file a restraining order in Dayton, Ohio
How do I file a restraining order in Dayton, Ohio… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Please clarify what a No HAM Protective Order means to both
Please clarify what a "No HAM Protective Order" means to both parties in the state of California? Does this means that those involved can have contact as long as its "peaceful"? Is there a CA Penal Co… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
Does a restraining order have to be served to the ...
Does a restraining order have to be served to the person? How long are they for and what is a warranted restraining order?… read more
Mike Garcia
Mike Garcia
Sr. Research Paralegal
Bachelor's Degree
140 satisfied customers
My wife is trying to acuse me of domestic violence to
my wife is trying to acuse me of domestic violence to qualify for a u visa, ever since I told her I wanted a divorce. I am a citizen of th usa … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
My car was stolen and wrecked during a domestic violence
My car was stolen and wrecked during a domestic violence situation owned by me but insured through my ex now insurance company won't pay to fix it … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I'm looking into domestic violence victim's rights in the
I'm looking into domestic violence victim's rights in the state of Missouri. Specifically related to prevention of eviction from home due to being party to a domestic assault. Rights to change locks, … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,455 satisfied customers
My husband was arrested on domestic violence charges, I was
My husband was arrested on domestic violence charges, I was an aggressor too but he didn't press charges against me, how can we get charges drop? … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
962 satisfied customers
It's regarding domestic violence. The police is holding my
It's regarding domestic violence. The police is holding my brother for 72 hours. I asked about bond, but they said it's a mandatory 72 hours. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,207 satisfied customers
Im an currently involved in a domestic violence situation
Im an currently involved in a domestic violence situation and i m having problems with the school giving out my address along with the attorney of the girls giving it out also. Me and the principle ar… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,545 satisfied customers
Is it legal for the courts to take a domestic violence case
Is it legal for the courts to take a domestic violence case and attach it to a driving on suspended case when they have nothing to do with each other … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I have been served with a domestic violence restraining
I have been served with a domestic violence restraining order by my son for attending a public soccer game of my GD and a dance recital of another GD. And also for calling dance studio to order flower… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,207 satisfied customers
Domestic violence case is on the 11th that divorce case is
Domestic violence case is on the 11th that divorce case is on the 14th to mediation is on the 7th I have this question according to one of my mini therapist but she's supposed to help you get Rhode Is… read more
LegalGems
LegalGems
Juris Doctorate
12,263 satisfied customers
I was falsely arrested! Accused of domestic violence and
I was falsely arrested! Accused of domestic violence and strangulation! They got a warrant 4 days after the accusations! I lost my job and was not allowed at my apartment where I'm the only person on … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I was arrested for domestic violence and my ex called the
I was arrested for domestic violence and my ex called the ada to drop the charges. The ada keeps making me plea deals but has not told my lawyer that my ex has called to drop the charges. Is that even… read more
Bill Attorney
Bill Attorney
law
2,435 satisfied customers
I have an arrest warrant for a domestic violence issues on
I have an arrest warrant for a domestic violence issues on 9/22/2014 that I just found out about through a background check from my potential ! employer never been called or mailed about appearing to … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
My husband is going to court for a domestic violence case on
Hi, my husband is going to court for a domestic violence case on April 11th and I was trying to seek legal advice to see if I should go or what should be done in these cases? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,059 satisfied customers
Will the application and decree of a domestic violence
Will the application and decree of a domestic violence divorce bring criminal charges against the aggressor? … read more
LegalGems
LegalGems
Juris Doctorate
12,263 satisfied customers
Hello, I have a funny situation. There is a helicopter following
Hello, I have a funny situation. There is a helicopter following me. It has been following me for more than 3 months now. I've been to and called the police in my city several times about this, but th… read more
Ellen
Ellen
Lawyer, Consultant
Doctoral Degree
8,238 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