There is caselaw that is on point directing the Moving party to dissolve or modify a permanent domestic violence injunction to show that there has been a substantial change in circumstance (i.e., the conditions of the injunction are no longer present). Make sure that there have been no violations of the injunction since the time it was entered or that they (if any) were too remote from the date of hearing/filing Motion to Dissolve/Modify. Make sure to serve by process server/sheriff the opposing party with your motion.
Dissolving or Modifying a Domestic Violence Injunction
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New Hobbs in town
On February 10, 2012 at 10 p.m. we welcomed a baby girl into the Hobbs family. I returned to work on April 2, 2012 and the cases keep pouring in. We currently have several trials scheduled over the next few months and we are moving cases along quite well. It feels great to be back at work doing what I enjoy - which is helping families resolve conflict. Having a newborn at home means that it might be difficult to get a meeting past 5 p.m. during the week so be sure to try to schedule meetings during the work day in person or over the phone. I will try to accomodate your schedule as much as possible. You can always reach our Orlando office by emailing Sarah, my assistant, at sarah@myfloridalaw.com or myself at cheri@myfloridalaw.com.
Come on by and see our new offices!!!
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Mother's Day is coming up
Mother's day is around the corner (and then Father's Day is fast approaching). I recommend to all my clients that they should consider giving a Mother's Day gift/card to the mother of their children (as long as there isn't a no contact order/injunction in place) from the children. This shows a good faith effort on the dad's part to try to facilitate a relationship between mother and children. You can take young children to the store and help them pick out a gift or card. This goes a long way in the opportunity for the parties to show respect to each other during a difficult family law case proceeding.
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Step-parents
Recently I have had several conversations with people about what their children should call the step-parent. In Florida, the courts are pretty uniform on the practice of discouraging parents to encourage or allow their children to call a boyfriend/girlfriend or step-parent "mommy" or "daddy". Children have a mom and a dad. The Judge will not favor a party who encourages or allows the children to call someone other than their mom or dad by those endearments. This can be difficult when one parent is largely out of the picture and the step-parent has basically "raised" the child. Try to find a creative nickname for the involved party but stay away from "mom", "mommy", "mama" or the like and vice versa for the daddy names.
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Phone Calls
When you are going through a family law proceeding it is a very good idea to encourage the children to have ongoing contact with the other parent. So long as there are NO domestic violence injunction requirements or other court ordered restrictions, the parent with the children should place a call to the other parent for the minor children to have at least telephonic contact. A good rule of thumb is that if parent A has the children over the weekend then on Sat. before bed place a call to parent B so the child(ren) can talk to that parent. Simply asking your young child if they "want" to talk to "mom" or "dad" is not enough. The florida courts have shown that the parent needs to facilitate the contact.
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Back to School
August is usually the time when children are going back to school. It is crucial to discuss with your spouse or ex-spouse what items each of you is going to provide for the children and/or how you will divide up the cost of back to school shopping. There traditionally is a Meet the Teacher day and other parent/teacher events that both parents should attend. Talk to the children about the new school year and ask them to share with you any fears or concerns they may have. A new school year is a BIG deal to a child and it can be difficult for the child to experience a new school year (or new school in general) while the parents fight it out about custody and time sharing. Try to discern if the child would benefit from counseling or therapy to address any concerns/issues the child may be dealing with at school. Talk to the other parent about bullying and grades, etc. Get on the same page for the sake of the children in regards to school pick up/drop off, homework, bedtimes, and other school related activities. If you cannot agree on those items please consider meeting with a psychological counselor or parenting coordinator to help you work through these concerns.
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Durational Alimony
On August 15, 2012 the 4th DCA filed an opinion (not final until disposition of timely filed motion for rehearing) in Nousari v. Nousari. The opinion specifically addressed the matter of durational alimony in Florida in relation to the 2010 amendments to section 61.08.
The marriage was considered a moderate term marriage within the meaning of the statute and the Wife was awarded durational alimony for nine years. The court found that "before the 2010 amendments to section 61.08, gray area cases often involved the choice between permanent alimony and bridge-the-gap alimony. The 2010 amendments created durational alimony, an intermediate form of alimony between bridge-the-gap and permanent alimony. In evaluating the propriety of an award of durational alimony, pre-2010 cases are of limited utility, since they evaluate a different type of choice made by the trial judge."
What does this mean for marriages between 7 and 17 years in length? It means we now have an appellate opinion affirming an award of durational alimony.
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Stalking - 2012 Florida Statutes
There is a new Stalking statute - 784.0485
This new statute gives a person who is a victim of stalking or the parent or legal guardian of a minor child who is living at home the ability to seek an injunction for protection against stalking. There is no minimum requirement of residency to petition for an injunction for protection. The sworn petition must allege the existence of such stalking and include the specific facts and circumstances for which relief is sought. You do not need an attorney to petition for an injunction relating to stalking but it is a good idea to talk to an attorney prior to filing to ensure your petition is legally sufficient.
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Community Outreach - Thanksgiving
Ayo & Iken, PLC is providing complimentary 1/2 hour initial consultations for the months of October and November 2012 with a donation of a canned food item. We will be collecting canned goods to donate to local shelters in Orlando, Tampa and New Port Richey. This is just one way that we can unite with the local community to give back to those less fortunate. If you would like to bring canned goods to one of our offices, even without an appointment with someone from our firm, please contact us in advance. We look forward to working with you as part of this wonderful community outreach.
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Election Day
Today is Election Day - such an important day for Americans. Make sure to get out and vote to honor those that have fought for our freedom to have this special opportunity.
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Thanksgiving
Hope everyone had a fabulous Thanksgiving! I am now taking cases (family, Domestic Violence, Criminal and DOR) in Tampa (Hillsborough County) and Polk County. If you need a divorce attorney or criminal defense attorney along the I-4 corridor please contact me for a free 1/2 hour consultation in person or over the phone.
I look forward to working with you on your Hillsborough or Polk County matter.
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New Orlando Attorney!! Erin Duncan, Esquire
Recently, Attorney Erin Duncan joined Ayo & Iken, PLC as our newest associate in the Orlando office. Ms. Duncan has many years of experience handling family law cases, DOR child support, domestic violence and criminal matters. Ms. Duncan is familiar and has cases in the following counties: Orange, Seminole, Brevard, Volusia, Marion, and Osceola.
Please stop by the Orlando office to welcome Attorney Duncan!
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Happy Holidays and Happy New Year!
The Orlando office of Ayo & Iken, PLC would like to wish you and your family a very Happy Hanukkah, Merry Christmas and Happy New Year!
Please remember - we are currently offering FREE 1/2 hour consultations at the Orlando, Lakeland, and Tampa offices.
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FAMILY MATTERS SEMINAR - FREE to attend
We are sponsoring a Family Law Seminar in the Orlando area on the following dates and at the following locations:
Group Seminar - International Drive
January 19, 2013 at 10 a.m.
located at: Courtyard Orlando International Drive/Convention Center
8600 Austrian Court, Orlando, Florida 32819
Group Seminar - Lake Buena Vista
February 2, 2013 at 10 a.m.
Located at: Courtyard Orlando Lake Buena Vista in the Marriott Village
8623 Vineland Avenue, Orlando, Florida 32821
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GPS for DVI Defendants
The Judicial Relations Committee has announced a Major Change for the Domestic Violence Division commencing the week of February 11, 2013. The Judges will be evaluating the need for respondents to have GPS monitors on a case by case basis. Initially there will be a "trial" period for determining how this new GPS system will operate. Judges Evans and Perry will be conducting these DVI hearings in order to evaluate the process. If the judge ruling at the evidentuary hearing (not the initial temporary injunction, but rather a return hearing) will determine if the GPS will be required. There has been approximately one (1) domestic violence related death every two (2) weeks for the past two years. This program was designed and implemented in an effort to drastically reduce the number of DV related deaths. The hope is that this added safeguard will not only protect the alleged Petitioner/Victim but also the ancillary victims who are harmed during these DV homicides. There will likely be a return hearing after 90 days to determine if the GPS is still necessary. The GPS will be at no cost for the Respondent in the domestic division (unlike in a criminal case where the Defendant is responsible for the cost of the GPS as a condition of release).
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More Pages to Explore .....
