Unfortunately, domestic violence is a serious issue for many people. In the state of Florida, victims of domestic violence may be able to obtain a restraining order against their abuser. According to the Family Violence Law Center website, a restraining order is a court order that acts to protect a victim from being abused, threatened, stalked, or harassed. Depending on the circumstances, it may also act to award a victim with custody of any minor children, order visitation and child support, issue court orders with relation to pets and property, and may even require the abuser to move out of a shared residence. A civil restraining order may be beneficial even if a victim has already obtained a criminal protective order, since the civil order can be in effect for a longer period of time, and may address different types of protection.
The decision to divorce is often a difficult one for any couple to make. While the reasons and circumstances surrounding a divorce greatly vary, many times, those involved experience the same emotions during this difficult time. If you are considering divorce in the state of Florida, there are some basic principles to be aware of that could be helpful in understanding the divorce process.
Attorneys who practice in the area of civil litigation are responsible for a myriad of items. For example, an attorney representing a client in civil court must not only be familiar with the relevant state law that is the basis of the impending action, but they must also demonstrate a working knowledge of rules of evidence and civil procedure in order to properly represent their clients before the court. Laws and rules on procedure and evidence change at times, with some standards being amended more often than others. An experienced attorney in the area of civil litigation keeps informed of these changes, as they not only should, but are required to do.
Between the state of the current economy and the ever-shifting gender roles within family, it seems that more families than ever are doing what they have to do to meet their financial and other requirements. Unfortunately for some women, their careers and, correspondingly, their finances may suffer unnecessarily when they decide to expand their family and become pregnant. Now, according to a recent article, the Supreme Court of Florida is saying that women who are discriminated against for pregnancy will be protected under state law.
The Court’s decision comes in light of a case in which a woman was working for a real estate developing company when she became pregnant and later went on maternity leave. Upon her return to work, she was denied requests for extra shifts and was not scheduled to work. As a result, she sued the company in 2011 in Miami-Dade County Court.
Cases involving parents as opposing parties over the custody of their children present unique issues and difficulties to overcome for everyone involved. Emotions often run high, especially if the custody case is being worked out in the context of a divorce. However, Florida child custody law is set up to encourage parents to work together to design a parenting plan that will enable both parents to share the responsibility of raising their children and to contribute to the care, control, and maintenance of their minor children.
The debate over equal rights for same-sex couples in the United States is ongoing. While the central issue usually focused on is the right to marry, another related issue must also be addressed. As a newsworthy case in Florida demonstrates, just as gay couples are fighting for the right to marry, some are now focusing on the right to divorce.
The issue of divorce is something that affects a huge portion of families across America. It is often a sensitive and emotionally charged topic, especially when children are involved. A recent article by Florida Today discussed the potential trend among states to favor custody arrangements in which parents share equal custody. According to the article, lawmakers from states across the country are re-evaluating their child custody laws in light of advocates who say that parents who are divorced should share custody of their children.
Best Interest of the Children
Those who say that shared custody is ideal argue that it is in the best interest of the children to spend an even amount of time with both of their parents. They say that the only situations in which custody should be awarded to one parent are those involving abuse or substance abuse. [Read more…]
The issue of same-sex marriage has been playing out in the media and in the legal arena for years. Now, a number of states are being forced to address the issue by way of hearing and ruling on lawsuits that have been filed by same-sex couples. As reported by the Miami Herald, Florida is no exception.
More specifically, six same-sex couples sued in Miami-Dade Circuit Court for the right to marry. Many of the couples are living together and some have children. They stated that they are aiming to marry in the state in which they live in order to have their relationships recognized in the eyes of the law.
The Plaintiff’s complaint argues that Florida’s refusal to recognize same-sex marriage results in a denial of fundamental rights, dignity, and equality, which is supposed to be afforded to all citizens by the United States Constitution. [Read more…]
Far too many families in Florida and throughout the country are affected by domestic violence. Recognizing the damage done by these crimes, the justice system includes a variety of tools to both protect those harmed and punish residents who commit domestic violence. But not all disagreements between family members actually rise to the level of domestic violence as envisioned by the law. It is critical for residents who have questions about this issue to understand the basics of the applicable rules.
The Florida legislature defines “domestic violence” to be “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” When a Florida resident believes they were a victim of domestic violence, an injunction for protection can be sought. In these cases a court orders an abuser to stay away from the harmed family member. Importantly, the victim can be anyone in the household, as the provision is not limited solely to disputes between spouses. [Read more…]
Florida has added over 200 new laws to their books in the last several months. While some had gone into effect in the latter part of 2013, some will begin with the New Year in 2014. Naples News reported on a number of the new laws, and the topics they cover range from sex trafficking to the state of Florida’s foster care program. Notably, also included is an increase in the amount of Florida’s minimum wage from $7.79 per hour to $7.93, which is higher than the federal minimum wage at $7.25.
Some of the new laws taking effect in 2014 include:
- Victims of human-trafficking can get criminal records expunged for crimes committed while they were being threatened, forced, or coerced. Typically the relevant charges would include prostitution. This measure accompanied a previous bill which made it illegal for certain massage businesses to operate between the hours of midnight and 5:00 a.m. [Read more…]