Author Archives: Jay Butchko
The Use of Mediation in Domestic Violence Injunction Cases
When evaluating domestic violence claims, courts have the option of referring a case to mediation, where the parties can attempt to reach an out-of-court agreement on injunction-related issues. This type of alternative dispute resolution tends to take a significant amount of pressure off of the parties involved, while also ensuring that they retain as… Read More »
Federal Domestic Violence Laws
Acts of domestic violence are unlawful under both state and federal law. While many aspects of domestic violence-related laws in Florida and at the federal level are similar, there are also a number of differences. A thorough understanding of both state and federal law could play a critical role in the outcome of a… Read More »
Probation as a Consequence of a Domestic Violence Conviction
Those who have been convicted of domestic violence in Florida are required to undergo at least one year of probation and to attend a batterer intervention program. Failing to abide by the terms of probation can have serious repercussions, including potential jail time, so if you were sentenced to a term of probation and… Read More »
Completion of a Batterers’ Intervention Program as a Condition of Probation
Being convicted of or pleading guilty to domestic violence can have far-reaching consequences for the parties involved, including potential jail time, probation, and the mandatory completion of a Batterers’ Intervention Program (BIP). BIPs are a form of pretrial intervention program that require participants to attend six months of group counseling sessions and comply with… Read More »
Domestic Violence Injunctions Based on Allegations of Elder Abuse
In Florida, there are actually a number of different types of domestic violence restraining orders. The courts, for example, offer injunctive relief specifically to elderly individuals who have raised allegations of elder abuse by a family member or caregiver. Unfortunately, these types of allegations, when unfounded, can have serious consequences for those who were… Read More »
Due Process Violations During Domestic Violence Proceedings
certain legal rights, which are known as Due Process rights. States that fail to abide by these rules and do not follow the exact course of the law when evaluating a petition for a restraining order have violated these rights. When it comes to domestic violence injunctions, there is actually a wide range of… Read More »
Awarding Child Support in Domestic Violence Cases
Parents are always obligated to provide financial support for their minor children. This is true even if the couple in question is embroiled in a domestic violence case. In fact, while many people associate child support orders with divorce, courts actually can address these types of matters in other legal contexts, including domestic violence… Read More »
Modifying Domestic Violence Injunctions
In Florida, domestic violence restraining orders can be modified or dissolved by either of the parties involved. Doing so, however, can be difficult, so if you were wrongly accused of committing an act of domestic violence, it is important to speak with an experienced Seminole domestic violence lawyer about the legal procedures required when… Read More »
Electronic Stalking in Domestic Violence Cases
Domestic violence cases can involve a variety of allegations, including everything from actual physical violence to verbal threats. In recent years, however, more and more domestic violence restraining orders are being based on allegations of electronic stalking. The kind of evidence used to demonstrate electronic stalking is wide ranging, including text message exchanges, phone… Read More »
Ex-Parte Domestic Violence Injunctions
After a person completes and files a domestic violence injunction petition, a judge will be tasked with reviewing the request and any supporting documentation that accompanies it. The next phase of the injunction process will depend largely on whether the judge believes that an immediate and present danger of domestic violence exists in a… Read More »