Legal Question in Family Law in Florida

I filed a domestic violence injunction against my ex. He was arrested and upon released returned to our residence with officers to retrieve some personal items. During the hearing the injunction was extended for six months and the judge specifically told him not to return to the residence; that to get his items he would need to hire a moving company and I was to pack his belongings and make them available to the movers on a chosen date. Through his attorney via email, he has decided he wants me to leave the house with the doors unlocked so he can come in and remove the items with a police presence. I countered that that is not what the judge ordered. Now the attorney is trying to hold me in contempt for refusing to let him get his belongings. They're packed up and ready to go. But I want to do it the way the judge said. I go to court soon and I'm really nervous. Was I in the wrong?


Asked on 7/20/15, 1:17 pm

4 Answers from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

I don't know. The question is what are the words on the piece of paper? It doesn't really matter what the judge says - it's what's written on paper. Generally, judges write in an order what they say in court. If you are following the words on the order, you should have no problem. Even if you misinterpreted the judge's order (it doesn't sound like you did), I don't think that the judge would find you in contempt under the circumstances. I think it's a bit unreasonable for you to have to leave your house unlocked while he comes to get his stuff, even with a policeman there. How far away are you supposed to go?

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Answered on 7/20/15, 1:44 pm
Lucreita Becude Lucreita D. Becude, P.A.

absolutely not. If the order specifically states what you said, then there is no reason for him to come in. The movers can come in and take what you have packed up. If he feels after the things have been removed that something is missing, then he can go back to court. Now if this is NOT in writing and the judge just stated it on the record, then you will need to have the court produce the record for transcription to show that you are not in contempt. This can be costly. I would go to the court hearing and tell the judge exactly what is was stated verbally or what is stated in writing. Tell the judge you do not object to him having his things but perhaps if the court would put it in writing that he is to have his movers pick up his things (and give the court a date) that you will have the things ready on the front porch. That you feel uncomfortable with him coming into your home since he is not married to you and there would be no need for him to. I do not believe, if you tell this to the judge, that you will have any problem or be held in contempt.

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Answered on 7/20/15, 1:50 pm
David Slater David P. Slater, Esq.

I doubt any police officer would agree to come into your home without you being present.

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Answered on 7/20/15, 2:27 pm
John Smitten Carey and Leisure

If you follow the court order then you will be fine.

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Answered on 7/20/15, 7:13 pm


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