Injunctions

September 23, 2022

In Florida, What is a Claim for Abuse of Process?

What is Abuse of Process?

Abuse of process involves the use of criminal or civil legal process against another primarily to accomplish a purpose for which it was not designed. In the case of Cline v. Flagler Sales Corporation, Cline purchased what was described as a chattel (possibly an appliance) from Flagler Sales Corporation and executed a retail installment contract. Flagler hired someone to collect the installment payments that were not made. Meanwhile, Cline returned the chattel which was accepted. However, the collector filed criminal charges against her under F.S. Section 818.01. This law makes it a crime to remove property from the county in which you live where another person or entity holds the title to the item (chattel). The charge resulted in Cline’s arrest.

Abuse of Process Involves the Issuance of Improper Process Which is Used.

February 18, 2022

What is Civil Theft?

by Neil Weinreb

In short, the cause of action of Civil Theft involves the taking of another person’s property without their consent with the intention to deprive the person of their property. There is no distinction in terms of the act of theft between criminal and civil theft. However, the consequences are different and the proof required is also different.

772.11 Civil remedy for theft or exploitation.—

(1) Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012–812.037 or s. 825.103(1) has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney’s fees and court costs in the trial and appellate courts. Before filing an action for damages under this section, the person claiming injury must make a written demand for $200 or the treble damage amount of the person liable for damages under this section. If the person to whom a written demand is made complies with such demand within 30 days after receipt of the demand, that person shall be given a written release from further civil liability for the specific act of theft or exploitation by the person making the written demand. Any person who has a cause of action under this section may recover the damages allowed under this section from the parents or legal guardian of any unemancipated minor who lives with his or her parents or legal guardian and who is liable for damages under this section. Punitive damages may not be awarded under this section. The defendant is entitled to recover reasonable attorney’s fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim that was without substantial fact or legal support. In awarding attorney’s fees and costs under this section, the court may not consider the ability of the opposing party to pay such fees and costs. This section does not limit any right to recover attorney’s fees or costs provided under any other law.

October 22, 2021

Is It Legal for Police to Briefly Detain Me?

by Neil Weinreb

Police frequently conduct searches of individuals based on a reasonable suspicion. A brief investigative detention based on a reasonable suspicion is called a “Terry Stop”.

What is Reasonable Suspicion?

Reasonable suspicion is a term that is used to refer to a police officer’s reasonably justifiable suspicion that a person had committed a crime or was in the process of committing one, or was about to commit one. Where the officer believes that a crime may have been committed or is about to be committed, he or she may make a temporary detention of the suspect and may proceed to pat them down.

November 7, 2018

Consequences of a Permanent Domestic Violence Injunction in Florida

by David M. Goldman

So you went to court and fought a domestic violence injunction, but the Court found grounds to enter the injunction anyway. What does that mean for you and your rights? The following is a list of consequences that may be imposed upon you as a result of the injunction:

May be ordered to complete a 26-week Batterer’s Intervention Program (BIP)
Loss of concealed carry rights

November 5, 2018

Do’s and Don’ts After Being Served With an Injunction in Florida

by David M. Goldman

You have been served with a domestic violence injunction in Florida. Now what? Though you have been served with an injunction, most people don’t understand what you should and should not do to abide by an injunction. See below some handy rules of thumb:

DO hire an attorney to represent you as soon as possible
DON’T contact the petitioner and/or ask the petitioner to drop the injunction

November 20, 2017

How To Stop A Stalker in Florida

by David M. Goldman

Are you living in Jacksonville and being affected by a stalker? Do you want a court order to stop the stalker?

Continue reading to find out how to file an Injunction for Protection Against Stalking to protect you or your child!

It can be a very scary experience to be the victim of a stalker, especially if it is someone you know and trusted. There are steps that you can take to protect yourself under the law in Florida that will help give you peace of mind. Florida Statutes section 784.0485 provides for a cause of action for an injunction for protection against stalking, including cyberstalking. A stalking injunction can be filed on your behalf or on the behalf of a minor child if you are the parent or legal guardian of the child and the child is living with you.

July 27, 2015

Violating Injunctions for Protection Against Domestic Violence

by David M. Goldman

Violation of injunction for protection against domestic violence is a crime under Florida statute 731.32(4)(a). For some, it seems ridiculous that an act as harmless as sending flowers or a text message could result in a person being arrested. However, this is the reality under Florida law, if there has been a valid injunction for protection against domestic violence put into place. Ordinarily, these protective orders have language that orders one person not to contact or come near another person.

As a Jacksonville lawyer, I’ve advocated on behalf of clients needing protection and on behalf of clients seeking to avoid an injunction against them. In some cases, the injunction was probably needed, while in other cases- not so much. If there is an injunction entered against you, whether you believe it is valid or not, you should follow the judge’s order not to contact the other person. Violation of an injunction for protection is a first degree misdemeanor, punishable by up to one year in jail or by probation up to one year. First degree misdemeanor criminal offenses, as here with injunction violations, can also be punished by fine.

The person who asks for or petitions the court for an injunction is called the petitioner. While the person who responds to the petition is called the respondent. Often, the respondent will be served with the initial temporary injunction and violate it immediately by calling or contacting the petitioner to find out what is going on. The temporary injunction is valid until a court has the ability to hear evidence and testimony from both sides. The testimony and evidence will be presented at a hearing. Based on the information provided, the judge will make a decision on whether the temporary injunction should be continued and made permanent or not.

October 22, 2014

Domestic Violence Injunction Violation: Don’t Be A Sucker For Love

by David M. Goldman

Domestic violence injunctions are serious business. Having an injunction issued against you limits your rights in certain areas. It limits the freedom to go certain places, it limits the freedom to possess firearms, and it creates criminal liability for violating the injunction. Florida Statute 741.30 governs the circuit court’s injunction powers in regard to Domestic Violence. The statute is designed to make seeking a protective order an easy endeavor.

As a Jacksonville criminal defense and family law attorney, I’ve defended people in proceedings to have injunctions put in place, and I’ve also represented people seeking the protection of a domestic violence injunction. A common occurrence is that people are [understandably] highly emotional immediately after whatever incident led her [or him] to seek a domestic violence injunction, and he or she is adamant about having the protection in place. However, time has a way of healing wounds. The anger slips away, but now there is a court order that says that Boyfriend can’t come near Girlfriend or contact her for the next year [or maybe even permanently]. These situations can happen in both directions, but the most common scenario in my experience is that the woman is seeking protection from the man.

The thing about the injunctions are that they don’t tell Girlfriend that she is to stay away from Boyfriend; in most instances, it’s a one-way street. Boyfriend must stay away from and can’t contact Girlfriend, even if she says that it’s okay, because the judge said, “DON’T DO IT!” So what happens? Well, Boyfriend [thinking the coast is clear] accepts an invitation from Girlfriend to come by and spend time with her. Things are great, until there is a disagreement about something, usually some trivial and incredibly unimportant thing. By the way, while things were great, Boyfriend and Girlfriend called and texted each other ALL the time. So, after there is a falling out, she has plenty of proof that he’s violated the injunction, which is a crime.
Continue reading

January 9, 2014

Injunctions For Protection and Technology: How Unintentional and Inadvertent Contact Through Social Media May Land You In Jail.

by David M. Goldman

Through the evolution of technology, people no longer communicate the way that they used to. Where as most business and social interactions used to always take place face to face, in today’s tech world that is no longer the case. Now a substantial amount of social interaction and business interactions are through email or social media sites such as Facebook, twitter, LinkedIn, Instagram etc. Although this has been great in many respects, there have also been many downfalls for clients in the legal system. This has been extremely true for people who have had domestic violence injunctions or restraining orders issued against them.

In years past when an alleged victim took out an injunction for protection in Florida, the prohibited conduct was normally clear. Do not call the victim. Do not go within 500 feet of certain addresses. If you called the person, there was a record of the call, which would mean that you violated the terms of the injunction and would go to jail on a misdemeanor violation of injunction. This is no longer the case. With the inventions of social media sites, violating an Injunction or commonly known as a restraining order has become more complicated and potentially more dangerous for the person who has an injunction against them. As a result, there have been allegations that a person may violate an injunction and not even know it.

Just this week it was reported that a Google+ invite to a former girlfriend landed a man in jail. The police reported alleged that an ex girlfriend had just broken up with the man and obtained a restraining order against him. Shortly after receiving the injunction, the girlfriend discovered an invitation to join one of his Google+ circles. She called the police and they arrested the man for this one act. Upon first look many people would think this is no different than the woman who was arrested for violating an injunction for a “poke” on Facebook. In the Facebook case the evidentiary issue was whether it could be proved that it was actually the woman herself or her involvement that caused the poke or had another person had access to her computer.
Continue reading

April 12, 2012

Florida Domestic Violence Explained

by David M. Goldman

Atlantic Beach Domestic Violence Accusations are very serious charges. What do you do when you have been accused of Domestic Violence? How do you defend yourself when someone has accused you of domestic violence in Atlantic Beach, Florida?

If someone accuses you of domestic violence, you need to watch what you say. In many cases, when the Jacksonville Beach Sheriff’s Office responds to a domestic dispute, someone ends up going to jail. You do not want your words to be misconstrued and used against you.

If you have been arrested for Atlantic Beach Domestic Violence, you will go before a judge for first appearance court. Here, you will (a) receive a bond or (b) accept a plea deal. The majority of the time, accepting a plea deal is one of the worse things that you can do. Usually, the Atlantic Beach Domestic Battery Sentence will include extensive probation and you will not be able to get the charge sealed. It is best to discuss the case with an Atlantic Beach Domestic Violence Attorney before doing anything.