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Month: December 2015

Domestic Violence Injunctions in Florida

Domestic violence is an ongoing problem in many communities. Many women seek refuge in shelters and/or apply to the court for a protective order or injunction against the abuser, who is the respondent in a petition for an injunction. Not all victims of domestic violence are women and the perpetrators can be male or female. Further, domestic violence does not always occur in the context of a marital relationship. An injunction is a court order that prohibits a spouse, family member, household member, or even an unknown stalker from engaging in offensive conduct or from any contact at all against...

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Can You Expunge a Criminal Record?

A criminal conviction carries a stigma but also presents numerous obstacles to anyone seeking to live a normal and productive life. Felony convictions pose especially difficult impediments since you lose certain rights or privileges accorded without any criminal convictions including your 2nd Amendment right to own and possess firearms or to hold public office. Expungement An expungement is the purging of certain criminal arrest records. In Florida, you are only allowed to expunge a record of your criminal proceeding if the charges were dismissed before trial or you were acquitted of the offense...

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Equitable Distribution and the Marital Home in a Florida Divorce

When a married couple divorces the most contentious issue other than parenting time for the children is usually the division of property, which is required in a dissolution. Property is either personal or real. Personal property, including intangible property, includes motor vehicles, furniture and appliances, jewelry, gun and stamp collections, life insurance policies, retirement accounts, stocks and bonds, bank accounts and other assets. Real property is of course real estate and includes the marital home. In any divorce, property is categorized as marital or non-marital. Generally, non-marital...

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