Monthly Archives: June 2019
How a “No-Contest” Plea Can Come Back to Haunt You
Although the federal government and the State of Florida maintain separate criminal justice systems, what happens to a defendant in one can affect their rights in the other. For example, under a federal criminal statute known as the Armed Career Criminal Act, a defendant faces additional penalties at sentencing if they have three or… Read More »
Is a Judge Required to Accept an Uncontested Allegation of Domestic Violence at Face Value?
A domestic violence is not something you can simply ignore. If your spouse, partner, or another family member asks a judge to issue an order of protection against you due to domestic violence, you must be prepared to show up in court and defend yourself. Doing nothing may lead the court to take the… Read More »
Does “Dating Violence” Require Actual Dating?
Florida’s domestic violence laws cover more than married partners or individuals who are living in the same household. A judge may also issue a domestic violence injunction where there is evidence of “dating violence,” or “violence between individuals have or have had a continuing and significant relationship of a romantic or intimate nature.” In… Read More »
Is Workplace Sexual Harassment the Same Thing as “Stalking”?
If someone feels threatened by you, they may ask a judge to issue an injunction “for protection against stalking.” In this context, “stalking” means that a person “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks” another person. If the court determines that stalking has occurred within these parameters, the judge can issue a temporary… Read More »