Legal Question in Criminal Law in Florida

I have a permanent injuction against my x partner. she has sent me a notice to modify injuction so she can get her house back. On the legal notice she lied on 3 separate instances. She is currently on felony probation. What are the chances the judge will fine or violate her? I submitted written proof on the instances where she lied.


Asked on 10/25/11, 8:15 am

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

If you she sent a notice that has gone through the courts, then that would be OK. She has the right to ask for modification at any time. It certainly doesn't mean she is going to get it and if you are not agreeing, then the judge would probably deny it. However, the only caveat would be that she is entitled to her property so the judge may have to allow some modification in order for her to either sell the property or some other arrangement. The injunction judge has little authority to violate her as that usually comes from the probation officer, so her being on probation has little to do with this, and on an injunction case, there is no jurisdiction to fine her.

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Answered on 10/25/11, 9:36 am


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