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Injunction for protection

I was granted an injunction against my son's father, but for some reason the judge awarded him two days and an overnight..all unsupervised. The man is an alcoholic and does drugs, he has also never spent any alone time with my son, nor does he have any of the necessary items (crib, carseat, toys, diapers, etc.) to take care of an 18 month old. I fear for my son's safety. What forms can I fill out to put into motion an immediate change. I would like to see supervised visits with no overnights, at least until he completes a substance abuse course, anger management course and a parenting course(something I heard a lawyer mention to someone else while I was waiting at the injunction hearing).

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Dear Injunction,
by: FALDP Staff

It is a statewide Florida law that divorcing parents must take a Parenting Course. Sometimes unwed parents are not ordered to do so, due to an oversight, rather than by any plan. If you feel your ex needs a Parenting Class before he is allowed unsupervised visitation you could request the judge to order it. We can refer you to an online Parenting Class through our Divorce Document Preparation page on this site - http://www.faldp.org/divorce.html. We can also refer you to an online Anger Management Class on the following page - http://www.faldp.org/Cycle-of-Abuse.html. People who are charged with or on probation for domestic violence are commonly ordered to take an anger management course.

This is not meant to be legal advice, only information, if you need legal advice, please seek advice from an attorney.

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Can a domestic violence injunction void a lease?

by Johnny
(Tampa, FL)

Can a domestic violence injunction void a lease?

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Early termination of lease due to domestic violence
by: Legal Eagles aka Florida Nonlawyers


If to be kicked out of subsidized housing, the answer is no. Please See Page 100, Sec. 3b of this link to a PDF called: Florida Domestic Violence Benchbook, a book used by Judges. Copy and paste to your browser the link below.

http://www.flcourts.or
g/gen_public/family/bin/2008%20DV%20Benchbook%20508%20Complete.pdf

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Fla Statute 83.56 deals with Termination of rental agreement generally.

http://www.flsenate.gov/Laws/Statutes/2011/83.56
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The following is pending before Legislature from what we can gather and would provide relief to a victim allowing them to terminate early:

Senate Bill sb2166c1 (if passed to become Florida Statute 83.683)

(2)(a) A victim may elect to terminate a rental agreement
and vacate the dwelling unit if the victim gives the landlord
written notice of the victim's intent to terminate the lease and
a copy of the permanent injunction. The victim must give the
landlord the notice and copy of the injunction no later than 15
days after the injunction is entered.
(b) The victim must vacate the dwelling unit on the date
the lease expires or 30 days after the landlord receives notice
of the termination, whichever comes first.
(c) The landlord shall mail the notice required by s.
83.49 to both the victim and the respondent.
(3) The lease or tenancy shall continue in all respects
subject to the terms and conditions of the lease or tenancy,
except that the victim shall be released from all future
obligations of the lease or tenancy; however, all tenants,
including the victim, the respondent, and other tenants, are
responsible for damages to the dwelling unit that exceed
ordinary wear and tear.
(4) If the respondent or any other tenant who is a party
to the rental agreement fails to retake possession of the
dwelling unit within 15 days after the date the victim gave the
landlord as the date the victim would vacate the dwelling unit
and the rent is unpaid, the dwelling unit shall be considered
abandoned and the landlord may retake possession and dispose of
any abandoned property in any way the landlord sees fit.

__________________________________________________Legal Eagles, 927 E New Haven Ave, Suite 304, Melbourne, FL 32901 321 458-1814 WE ARE NOT LAWYERS AND DO NOT GIVE LEGAL ADVICE.
__________________________________________________

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I have an injunction of protection against my ex and he found out where i live, can I legally break my lease agreement so I can move to protect myself?

I'm looking for some advice to find out whether or not I have grounds to break my lease.

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Not legal advice, just my thoughts
by: Lorna

I don't think that the landlord has to allow you to break your lease, but he may if you explain the situation. I would go and talk to the landlord and explain that you must leave due to the potential for violence from your ex. Many landlords will be more than happy to let you out of your lease, because the last thing they want is have violence on their property. Also its bad for the property's reputation to have police respond to 911 calls for domestic violence.

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Can I get an Injunction against my alcoholic father?

by Sarah
(Plant City)

Dear FALDP,
What do I need to do to get an injunction against my alcoholic father? I'm 22 years old and living on my own. My father comes to my house drunk and starts trying to tell me what to do. Can I get an injunction against him?

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Why don't you call law enforcement?
by: Anonymous

Dear Sarah,

I know you probably don't want to call law enforcement on your own father, but that may be your best path. If the police responded while he was there, you could have him "trespassed" from your property. It doesn't matter if you rent or own your house.

Injunctions are for violence. And you didn't say that he was violent, so even if you filed an injunction it might not go through.

Here is the first part of the Florida Statute:
810.09 Trespass on property other than structure or conveyance.—
(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance

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Help for Women - Injunctions for Protection


(Florida)

My history teacher told us about a lady named Rosemary Furman who helped battered women. One of my friends is in that position and I would like to help her out. Where can I find more information about her and what I can do to help my friend?

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Domestic Abuse Help
by: Faldp Staff

To help your friend, have her call 1-800-799-SAFE. And you can find more information on the following site:


http://www.thehotline.org/get-educated/how-can-i-help-a-friend-or-family-member-who-is-being-abused/


Advice on the site includes the following:


“Don’t be afraid to let him or her know that you are concerned for their safety. Help your friend or family member recognize the abuse. Tell him or her you see what is going on and that you want to help. Help them recognize that what is happening is not “normal” and that they deserve a healthy, non-violent relationship”.

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Neglect / endangerment of a minor - Injunction

by Teresa
(Sebring, Florida )

Grandparent has had grand daughter live with since birth and she is almost two. The grandparent wants to have the courts remove a person not married to the mother of the child from the home of the child's mother. He has had prior arrest records, he has abused the mother. And we need the form to have him removed by the courts, and to have an injunction for mother and child so child can go back to her home.

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It's free
by: James N. Middleton

Just a short note to say I am sorry you have to go through this.

Contact the Clerk of Court (Civil) they can provide you with the injunction paper work (in most cases) you can complete the fill in the blank forms in just a minute or two i.e. name, number, address, dob, phone, etc. Also, bring with you any / all paper work, police reports of the said birth parent and ask the Civil clerk to copy and attach to the injunction form.

In most cases you will have an answer from the Clerk / Judge on the same day to include a court date within 10 days.

-James


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