Author Archives: Jay Butchko
Is Repeatedly “Re-Tagging” Someone on Facebook Considered Cyberstalking?
Cyberstalking is often a component of domestic violence cases. Individuals can use the Internet to harass, threaten, or even terrorize their victims. In many cases, these victims can seek an injunction against cyberstalking under Florida law. At the same time, conduct that is merely annoying or offensive remains constitutionally protected speech under the First… Read More »
Can My Accuser Raise New Domestic Violence Allegations Against Me in Court?
Domestic violence cases are often emotionally charged affairs. But as with any legal matter, the actual process of requesting a domestic violence injunction requires all parties to observe certain formalities. One of them is the petitioner’s duty to inform the respondent of the charges against them prior to any judicial hearing. Put another way,… Read More »
Will an Automatic Stay in Bankruptcy Stop the Sale of My House?
One of the key benefits of filing for bankruptcy is the automatic stay. This puts an immediate halt to any debt collection activity on the part of your creditors until the bankruptcy court has a chance to review your petition. This includes any foreclosure proceedings on your home or other real property. A stay… Read More »
Can Prosecutors Introduce Evidence of My Alleged “Prior Bad Acts” at My Criminal Trial?
If you are tried for a crime in Florida, the prosecution is generally banned from introducing any evidence that is solely designed to paint you as a “bad character” to the jury. In other words, most evidence regarding your “prior bad acts” are inadmissible, unless those acts are similar to the one you are… Read More »
What Are My Bankruptcy Options as a Florida Small Business Owner?
The COVID-19 pandemic has put many Florida small business owners in an impossible situation. As consumer demand has fallen while bills continue to mount, many businesses plan to close their doors permanently. But what does this mean from a legal standpoint? For example, does a small business owner need to file for bankruptcy? And… Read More »
What Is Considered a “Fraudulent Transfer” in a Florida Bankruptcy Case?
Let’s say you are thinking about filing for bankruptcy, but you are afraid of losing certain assets, such as a car or boat. You might think, “What would happen if I simply gave away the asset to a friend just before I declared bankruptcy?” Then, when your bankruptcy was completed, your friend gave the… Read More »
What Happens to My Potential Civil Lawsuit If I File for Chapter 7 Bankruptcy?
When you file for Chapter 7 bankruptcy in Florida, a court-appointed trustee will take possession of your “bankruptcy estate.” The bankruptcy estate includes all property you own that is not otherwise exempt from the bankruptcy process. By law the estate covers “all legal or equitable interests of the debtor in property as of the… Read More »
How Dating Violence Injunctions Work in Florida
Florida law permits an individual to seek a court injunction to prevent future acts of “dating violence.” To qualify for such an injunction, the parties must have been in a dating relationship within the past 6 months. There are also several different types of injunctions that may be applicable. For example, Section 784.046(2)(b) of… Read More »
What Happens to an Unexpired Lease If I File for Bankruptcy?
In a Chapter 13 bankruptcy, a debtor files a proposed plan of reorganization with the court. In plain terms, the debtor must explain how they will repay their creditors over a three- to five-year period. To assist in this, the court will appoint a Chapter 13 trustee, who acts as the legal representative of… Read More »
Florida Appeals Court: Police Cannot Search Individuals Just Because They Are Carrying a Concealed Weapon
The Constitution protects your right to be free from “unreasonable” searches and seizures by the police. Among other things, this means that a police officer must have reasonable suspicion that some “criminal activity may be afoot” before searching you for a weapon. The officer cannot simply search you for no reason. A “Potentially Lawful… Read More »