Author Archives: Jay Butchko
Final Domestic Violence Injunctions
After a petitioner has filed a request for a domestic violence restraining order, a Florida judge will decide whether to issue a temporary injunction, also known as an ex-parte order. If a court decides to grant a temporary injunction it will schedule a hearing to determine whether the restraining order should be made “final.”… Read More »
The Consequences of Defying a Domestic Violence Injunction
Domestic violence injunctions can have far-reaching consequences for respondents, who could be forbidden from returning to a shared home and may even have their visitation rights curtailed. Complying with these orders, while difficult, is necessary, as failing to do so can have dire repercussions, including being held in contempt of court, being forced to… Read More »
Who Can File a Domestic Violence Injunction in Florida?
In Florida, only certain individuals can ask the court for a domestic violence injunction, so if someone has filed a request for a restraining order against you in violation of these rules, you should speak with an experienced Seminole domestic violence lawyer as soon as possible about defending your rights. Filing a Domestic Violence… Read More »
Sentencing Enhancements in Florida
Under Florida law, courts are permitted to impose significant sentencing enhancements for defendants who have been convicted of a criminal offense. Although intended to punish repeat offenders, the new sentencing structure affects defendants with all types of criminal histories. One of the best ways to avoid receiving an unfair sentence is to obtain legal… Read More »
The Importance of Establishing Intent in White Collar Crime Cases
There are two main elements that prosecutors must prove beyond a reasonable doubt in order to obtain a conviction in a criminal case: the criminal act and criminal intent. The first requires proof that a defendant committed an unlawful act, while the latter involves proving that a person intended to commit the crime in… Read More »
Dating Violence
Although many people think that domestic violence only involves spouses or couples who share children, the reality is that Florida also specifically recognizes another form of domestic violence, known as dating violence. Dating violence is defined as any violent acts that occur between two individuals who have a continuing relationship of an intimate or… Read More »
Types of Felony Probation Programs in Florida
The kinds of requirements with which probationers must comply depends in large part on the type of program in question, making it especially important for those who have been sentenced to a term of probation for a felony conviction, to speak with an experienced Seminole probation violation lawyer who can walk them through their… Read More »
Impaired Driving Collisions Resulting in Property Damage
Anytime a driver gets behind the wheel after ingesting enough alcohol, prescription medications, or a controlled substance, to impact that person’s driving, he or she violates state law and also runs the risk of criminal prosecution. Motorists who are accused of committing one of these offenses can result in serious charges, making it especially… Read More »
The Consequences of Refusing a Breathalyzer Test in Florida
In Florida, motorists are automatically presumed to have given their consent to a breath test if pulled over for driving under the influence. For this reason, even those who were not guilty of driving under the influence, but who refused to submit to a breath, blood, or urine test to determine their Blood Alcohol… Read More »
Domestic Violence Injunctions
Under Florida law, anyone who claims to be a victim of domestic violence or who has reason to believe that he or she is imminent danger of becoming a victim of an act of domestic violence can petition a court for the issuance of an injunction for protection, a document that is also known… Read More »