Legal Question in Family Law in Florida

injunction for domestic violence denied

Dear Sirs: In October 2006, I was awarded an injuction for domestic violence for 1 yr. which expired in Sep 2007. Before that date I went to court and asked for a renewal in fear of my husbands doings again with my 2 little girls and I. The judge was NOT fear to me since I did not have an attorney (could not afford one), asked my husbands attorney what they wanted, their reply cancel it and no child support, & DNA testing on our child that is critically sick in the hospital due to the trauma she received through my husband violence. The judge talked to me without respect, acted as if I was taking advantage of m older husband, eventhough, I was legally married for 25 yrs., had 3 kids with him, all afraid and want no contact with him. The judge told me to start packing up and thinking about where to move to, eventhough, I went to court to renew my injuction, not to divorce him -- since my husband wants to sell our home we both own. I have a child that I need to help and keep an eye onl, I work all day to pay the bills since my husband refuses to pay childsupport on continuous basis. I would like to know if it is wise to complain about this judge, it is 2nd. time he rules unfair for me, where can I do it, & if it will hurt me more


Asked on 11/12/07, 1:12 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: injunction for domestic violence denied

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.

Much more information is required in order to provide a viable response. If you truly cannot afford an attorney, then you should apply to legal aid in your community or the local bar association for legal assistance. You must meet with an attorney as soon as possible and fully explain your situation. The attorney can review the facts and explain to you your legal rights and possible remedies. Good luck.

Scott R. Jay, Esq.

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Answered on 11/12/07, 9:21 pm
Stanley Miller Stanley M. Miller, P.A.

Re: injunction for domestic violence denied

I feel very bad for you even though I don't understand completely. There is really no place to complain about the Judge. You could file a motion to get the Judge to recuse himself but that would probably not be effective. I'm afraid I don't at all understand the Judge telling you to get ready to get out. I'm sorry I could not be more help but you have a complicated situation. Any attorney would have to look at all the paperwork to understand what's going on. Why are you still married to him? How old are the children?

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Answered on 11/12/07, 1:54 pm


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