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Civil domestic violance injuction. Florida. I have a

Customer Question
Civil domestic violance injuction ...

Civil domestic violance injuction

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Florida

Lawyer's Assistant: What steps have been taken so far?

I have a permanent injuction placed on me. It was placed on the 18th of December

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

Problem is the interpretation of the law

Submitted: 4 months ago.Category: Legal
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Answered in 1 minute by:
12/29/2017
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 11,469
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 4 months ago
I had a permanent injuntion placed on me the 18th of December in Florida. It was for Civil Domestic Violence. The plaintiff is related by mairrage but has never lived with me. This plaintiff perjured themeselves in court. Under oath said they had resided with me in the past. Not true.As per the law I am reading it says the below: (i) and (ii) must be present. This is not the case person has never lived with me.741.30(1)(a)4. Parties Must Be “Family or Household Members” to Request an Injunction
for the Protection against Domestic Violence:
An injunction for protection against domestic violence requires that the
domestic violence or threat of domestic violence occur between “one family or
household member” and “another family or household member” but the
petitioner is not required to be the spouse of the respondent. §§ 741.28(2) &
741.30(1)(e). Any “family or household member” as defined under
§ 741.30(1)(e) below, can file a petition for protection against domestic
violence.
a. Pursuant to § 741.28(3), “FAMILY OR HOUSEHOLD MEMBER” means:
3-5
(i) They are family or household members – spouses, ex-spouses,
relatives by blood or marriage, anyone who lives or has lived together
in the same dwelling as a family unit AND
(ii) They currently reside or have in the past resided together in the
same dwelling as a family unit, OR
(iii) They have a child in common, regardless of whether they have been
married and regardless of whether they currently reside or have in
the past resided together in the same dwelling. (If the parties are
relatives and no longer reside together or did not reside together in
the past they may want to file for an injunction under § 784.046.)
Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm sorry to hear about that. If you have never lived with this person, then this does not meet the requirement of being a family or household member. You have 30 days from the date of the injunction to file a Notice of Appeal, the appeal, and pay the fees with the court. You'll have to serve it on the other parties as well. This also means that you will have to show that there was error. You may be able to show the addresses that you have had over time and the ones they have had over time to show that the court made an error in law. If the appeal is approved, then the injunction should be removed.

Did you have any other questions for me at all?

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Customer reply replied 4 months ago
This as per the Florida Law for the thirty days ?
Lawyer: Legal Eagle, Lawyer replied 4 months ago

Correct.

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Lawyer: Legal Eagle, Lawyer replied 4 months ago

Just wanted to check: did you have any other questions for me today?

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Customer reply replied 4 months ago
How many days for a request for a re-trial in Florida.
Lawyer: Legal Eagle, Lawyer replied 4 months ago

15 days after the order is entered.

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Lawyer: Legal Eagle, Lawyer replied 4 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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