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Articles and Published Works Written by J. Andrew Crawford, Esquire

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Domestic Violence Injunctions in Florida

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...

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Cyberstalking Injunctions and the First Amendment

In the age of email, electronic communications, and social media, the Florida Legislature now allows an individual to petition for protection against cyberstalking. Florida Statutes § 784.048(1)(d) defines cyberstalking as “engaging in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.”       “Whether a communication caused substantial...

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Domestic Violence, Repeat Violence, Dating Violence, and Stalking Injunctions in Pinellas County

Florida law provides that any citizen can petition the circuit court for an injunction for protection against domestic violence, dating violence, sexual violence, repeat violence, and stalking. If an injunction is granted, the implications for a respondent can be severe, including, but not limited to: the loss of firearms, the use of the injunction during a custody or timesharing dispute , and an arrest without a warrant if there is a violation of the injunction. This article will discuss some general observations and legal issues that occur during these proceedings....

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