The Marks Law Firm Blog and New Updates
Judicial Procedures in Orlando Domestic Violence Injunctions
Domestic Violence is often a part of many Family Law cases. Each Domestic Violence situation is unique and must be individually examined by the Court.
Prior to a Court making any decisions regarding Injunctions (commonly known as “Restraining Orders”), a Judge must consider whether the Petitioner (the person seeking the Injunction), has a legal right to ask for same and whether the allegations presented meet the statutory definition of “Domestic Violence.”
The Judge must also determine whether there is an immediate and present danger of Domestic Violence, as well as various issues related to custody and/or visitation if minor children are involved.
Once a Judge has made the above preliminary findings and either a Temporary Injunction has been issued or a Hearing has been set on the initial Petition, the Court will move towards issuing or denying a Final Injunction. At this point, the Judge will review any related cases with the same parties where provisions of other Injunctions may possibly conflict with the present circumstances.
Thereafter, the Judge will again examine the facts to determine whether the allegations are sufficient to support the immediate and present danger requirement of the Statute. If there are minor children involved, the Court may also make a determination as to appropriate visitation limitations. Finally, depending on the specific circumstances, the Judge may also order various rehabilitative programs such as Batterers’ Intervention, Anger Management, or Substance Abuse Evaluations.
The Child Abduction Prevention Act: Protecting our Children from the Dangers of Abduction by a Parent
Florida Statutes Section 61.45 was recently amended to create the “Child Abduction Prevention Act.” This Act is beneficial when there is a concern about the risk of removal of a child from the state or country in violation of a parenting plan.
This section includes new preventative and risk factors for the court’s consideration, as well as relief that may be ordered and additional civil/criminal penalties that may result from violation of this section.
Further, if a parent is concerned that the other parent may abduct a child, a great resource is the Department of State website under child abduction. There is a Child Passport Issuance Alert Program (CPIAP).
The Children’s Passport Issuance Alert Program (CPIAP) allows parents to register their U.S. citizen children under the age of 18 in the Department’s Passport Lookout System. If a passport application is submitted for a child who is registered in CPIAP, the Department contacts and alerts the parent(s) or guardian(s). The system provides all U.S. passport agencies, as well as U.S. Embassies and Consulates, abroad an alert on a child’s name if a parent or guardian registers an objection to passport issuance for his or her child. This procedure provides parents advance warning of possible plans for international travel with a child.
Go to the following website to find out more and/or sign up your child(ren) for this program: http://travel.state.gov/abduction/prevention/passportissuanc/passportissuance_554.html:
A court can also order a parent to register with this program sua sponte (on its own accord) or upon motion by a party.
Christian Legal Society National Conference Welcomes The Marks Law Firm
The Marks Law Firm, P.A., is excited to announce that we have been asked to present at the 2010 Christian Legal Society National Conference at the Rosen Plaza Hotel in Orlando! The Firm’s presentation is entitled “Pursuing a Family Law Ministry: Helping Families Survive and Thrive at a Critical Crossroads.” We will provide attendees with guidance for navigating the often stormy waters of family law practice.
