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Domestic Violence Injunctions in Florida
The most common type of protective order in Florida is a domestic violence injunction. Florida Statute § 741.30 provides that in order to file a petition for a domestic violence injunction the other party must be: the spouse or former spouse of the petitioner, any other person related by blood or marriage to the petitioner, any other person who is or was residing within a single dwelling unit with the petitioner, as if a family, or is a person with whom the petitioner has a child in common, regardless of whether the petitioner and respondent are or were married or residing together, as if a...
My Loved One Entered a Plea and Received a Harsh Sentence—What Can I Do?
When the prosecution and the defense cannot agree upon a sentence, a person charged with a crime may enter a plea to the court with no dispositional understanding-an open plea-in the hope that the judge will provide a better sentence than the State has offered. An open plea means that the judge can sentence someone to the statutory maximum. For example, if your loved one pled guilty or no contest to a third-degree felony, the court can sentence them up to five years in prison. After an open plea is entered, the court will conduct a sentencing hearing where both sides will present evidence,...
UPDATE-RECORDING CONVERSATIONS CAN BE ILLEGAL
Have you ever had a client come to you with the idea of secretly recording a conversation? Or worse yet, a client brings you a tape they surreptitiously made? This issue is especially relevant because the new smart phones, specifically iPhones, have a new feature that enables a user to record a telephone conversation. Generally, it is illegal in Florida for one party to records a conversation with another party if the other party did not consent to it and the recording is made where there is an expectation of privacy. Fl.St. § 934.01(4). The purpose of this article is to familiarize...