Legal Question in Criminal Law in Florida

Injunction and then battery charges?

In August, in self defense, my soon to be ex husband and i had a bad fight, where he left with my son and didn't come home. The next day, I was served with a temporary injunction for dv that later became permanent due to a report he had filed 3 years back against me. I have an autistic child who was present at the time of the fight. For the past 1.5 years have supporting my family due to a car accident his dad had and right now I am still paying for d home mortg and bills that have to do with my son although I have bills and rent of my own due to the injunction. I have always been the breadwinner in family for years. Right now I am in the process of divorce and he was recently served and I asked for joint custody with primary residence. A few days ago I was served with a summons for battery charges/mistemeanor in the first degree? Can he do that or can that be done on his behalf by his Lawyer? Can this work negatively for custody? I work in the insurance industry, can this affect my job or future jobs? Can the police report filed 3 years ago, work against me in any form during the arraignment, or divorce? Also, we married in ny 7 years ago but have been together for 11 yrs, can he be granted alimony which is what he is asking 4?


Asked on 10/23/07, 2:37 am

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Injunction and then battery charges?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Alimony is usually only granted in Florida in long term marriages which have been held to be at least 12 - 15 years by Florida courts. His request for alimony is probably only legal maneuvering in order to get a more favorable settlement.

Only the State of Florida can file criminal charges against you. An attorney cannot file criminal charges. It may be coincidental or the charges may have been filed as a result of pressure placed by your husband's attorney. Either way, it is highly unusual for charges to be filed 3 years after an incident takes place.

Any history of violence can have an effect in court although if the child was not involved, it is not supposed to. You need to retain a qualified attorney to represent you in each of the actions. Your life and the life of your children's is at stake.

Scott R. Jay, Esq.

Read more
Answered on 10/23/07, 10:13 am


Related Questions & Answers

More Criminal Law questions and answers in Florida