Over the last several months in Florida, there have been several interesting cases that have emerged in family court divisions around the state, which eventually will make its way to conclusions at the State’s Appellate Courts, and possibly the U.S. Supreme Court.
Emotions may run high between partners or spouses during or in the aftermath of a divorce. The temptation to lash out at one another using Facebook or Twitter should be avoided. Unfortunately, statistics demonstrate that incidents of cyberstalking are on the increase nationwide.
A party who seeks to change in the amount of court ordered child support bears the burden of proving a substantial change in circumstances. A substantial change in circumstances is defined as significant, material, involuntary and permanent in nature.
During the 1980s, a scholar, poet, and overall gentlemen by the name of Vanilla Ice released the hit single, “Ice, Ice, Baby.” For those who know the song, it opens with Vanilla Ice emphatically shouting, “stop, collaborate and listen.”
A judge in Hillsborough County, Florida has refused to enter a divorce decree for a couple because the State constitution and its statutes do not recognize same-sex marriages. The same-sex couple was legally married in Massachusetts but now reside in Florida.
When a property owner seeks to evict a tenant they always want to know how long the process will take. For most, the initial impression is that the entire action takes approximately forty-eight hours, or that an eviction is as simple as changing the locks.
I read with interest the attached article from Daniel McCarthy, who is with the Center for Florida Tax Reform, Department of Social Justice. I encourage you to read it as well. In his article, Mr McCarthy highlights what many attorneys and others in the criminal court system in Florida have noted for years- that the Florida legislature has over the last decade expeditiously classified many low-level, non-violent actions as Third Degree Felonies.
As a criminal defense attorney I hear the above statement at least a few times a week. The truth of the matter is that if the criminal allegations and charges are dismissed by the prosecutor, that is great, but the information pertaining to the arrest and the nature of the charges are still part of the public record and able to be viewed and the records accessible.
Effective July 1, 2013, Florida Law 322.2615 was amended and now provides that, in certain circumstances, a driver who is facing an administrative suspension of his or her driving privileges due to a first time arrest for a driving under the influence (‘DUI’), may now request what is referred to as a “Review for Eligibility for a Restricted Driving Privilege.” This is generally called a “hardship license.” This is an important change to the law and requires a prompt decision.