Legal Question in Criminal Law in Florida

I live in Florida. My boyfriend's mother's ex-friend is not her roommate, but he has been staying at her place for awhile, with his things here and everything. A cop told me earlier today that because of that, he's a legal tenant. He's also a very violent man, and is currently in jail for battery against me. My question is, after he gets out of jail and comes to get his stuff, do I have the legal right to physically protect myself if I perceive him as a threat to me?


Asked on 8/14/13, 12:22 pm

1 Answer from Attorneys
Joseph Justice The Justice Law Firm

there are multiple elements to this question. If he is a legal tenant than he will need to be evicted to be removed from the home. Separately Florida always recognizes the right to self defense but you wont get any of the legal presumptions associated with forced entry because he is a tenant. Your best approach may be to apply for an injunction against him based on the prior violence. If an injunction is in place he can not come to the home even if he is a tenant.

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Answered on 8/14/13, 12:45 pm


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