Domestic Violence Injunction Hearing

Hearing within 15 days

Florida Law provides that the Circuit Court must hold a hearing on a Petition for Injunction Against Domestic Violence within 15 days of the Respondent being served. Usually, the paperwork that is served will provide the date and time of the hearing. It is important to be prepared for this hearing or ask for a continuance so that you can obtain representation.

Options

At the final hearing you will either agree to the injunction or ask for a trial.

Criminal Charges

If there are any pending criminal charges relating to the allegations in the Domestic Violence Injunction it is extremely important that you consult with an attorney who can advise you on whether it may be in your best interest to agree to the injunction until the underlying criminal case is resolved. Domestic Violence Injunction hearings are recorded, and it is not uncommon for an Assistant State Attorney to obtain the recording, which may be used against you in the criminal case.

Trial

If you chose to contest the allegations of domestic violence, you will have a trial. At trial you will have to present evidence to support your argument. Since the rules of evidence do not allow hearsay, you will have to present live witness testimony. You, or your attorney, should  be prepared with live witnesses and also object if the other party tries to use hearsay evidence against you. In addition to hearsay, there are many other rules of evidence that a skilled attorney will be able to use in order to best present your case.

NOTE:  The information we provide in this blog is not legal advice and should not be interpreted as such.  This blog is not a substitute for legal advice and must not be taken as such.

Slip and Fall Accident – Personal Injury

Slip and Fall – Duty of Care

A person has a claim for premises liability if he or she is injured while on the premises that is owned by another person, and the injury is due to a dangerous condition of the premises that was caused by the property owner’s negligence. The duty of care that is owed by the property owner depends on whether the injured person was an invitee, a licensee, or a trespasser.

Business Invitee

The most common premises liability claim arises from a “slip and fall” accident. If the accident happens in a business, and the person injured is a patron of that business, then that person is likely an invitee. The owner of the property has the duty to correct or warn of dangers that the owner know or should know of by the use of reasonable care, and which the visitor cannot or should not know of by the use of reasonable care.

If you or a loved one has been injured on another’s property, consult with an attorney to ensure that your claim is properly handled. Andrew Sholtes is the managing attorney at Sholtes Law, PLLC. Our office is located in Fort Pierce, Florida.

 

 

Treasure Coast Drug Arrests

Possession of a Controlled Substance

Florida has very strict laws on possession of controlled substances. It is important that a knowledgeable criminal defense attorney analyzes your case and identifies any possible defenses.

Constructive Possession

When a vehicle is jointly occupied, evidence of mere occupancy is not enough to convict someone of possession of drugs found in the vehicle. In order to convict a person of constructive possession, the prosecutor must prove that 1) the person knows of the nature of the drugs, 2) the person knows of the drugs presence in the vehicle, and 3) the person has the ability to maintain control over the drugs. If the state cannot prove all three elements beyond a reasonable doubt, a person cannot be convicted of possession.

Sholtes Law is located in Fort Pierce, Florida, and serves the entire Treasure Coast. Contact our office today if you or a loved one has been charged with a drug offense.

 

 

 

Comparative Negligence in Car Accidents

In some cases it is clear who is at fault for an car accident. For example, in Florida there is a rebuttable presumption of negligence in a rear-end automobile accident. However, more often than not, automobile accidents are caused by multiple factors. In these cases it is not clear who is at fault and who’s insurance will have to pay for your damages.

Florida is a comparative negligence state. This means that each driver in an accident has to pay for damages in proportion to the percentage of fault by which that driver contributed to the accident. At the end of the day a jury will decide who was at fault for the accident, and assign responsibility for the damages accordingly.

Insurance companies will try to send low ball offers or offer no money at all to drivers who are partly at fault for an accident and have suffered a personal injury. A skilled litigator can argue your case to a jury, and fight for the compensation that you deserve.

 

 

 

Domestic Violence Injunctions – Florida

Victim of Domestic Violence or Imminent Danger

An injunction for protection against domestic violence is a remedy for someone who is either the victim of domestic violence or has reasonable cause to believe that he or she is in imminent danger of becoming the victim of an act of domestic violence. This is a very serious issue in society. If you are a survivor of domestic violence,  Safe Space is a non-profit organization that can provide you services, including free legal representation at an injunction hearing.

Consequences

A judge will issue a temporary injunction if it appears from the facts in the Petition that the Petitioner meets the requirements for the injunction.If the temporary injunction is granted, the Respondent will not be permitted to contact the Petitioner and will have to surrender any firearms in his or her possession. The Respondent could also potentially be prohibited from returning to his or her residence, to see his or her children, and may even face employment consequences.

Final Hearing

Once the temporary injunction is granted, the court must schedule a hearing within 15 days for the final injunction. It is at this hearing that both parties must present all of their evidence to defend their relative positions. Any witnesses should be subpoenaed to appear at the final hearing to give live testimony. A domestic violence injunction can have a significant impact on any related family case or criminal case. As always, consult an attorney before making any decisions in important matters like these. For more information on the final hearing, click here.

NOTE:  The information we provide in this blog is not legal advice and should not be interpreted as such.  This blog is not a substitute for legal advice and must not be taken as such.