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Florida Domestic Violence

Standing Order with Automatic Update Service

Andrew Wentzell


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Whether you’re a state attorney, defense attorney, an attorney for the petition or for the respondent, this handbook compiles necessary resources for you, and describes processes and procedures. It is a complete guide for legal professionals dealing with the domestic violence legal process in Florida. Helpful appendices and forms on disk are included with your purchase.

Florida Domestic Violence describes:

  • Six kinds of injunctions: domestic violence, sexual violence, dating violence, repeat violence, protection from stalking, and the “chapter 39” injunction

  • The injunctions process

  • Possible conditions imposed in the final order for protection: batterers’ intervention programs, mental health/substance abuse, firearms, monitoring, temporary support, temporary parenting, damages,  and more

  • Contempt

  • Applicable acts: assault, battery, sexual assault and battery, stalking, kidnapping, false imprisonment, and violation of probation or injunction

  • The process: incident, arrests, appearance, bond, prosecutor, discovery, pre-trial, trial and appeal

  • Sentencing and penalties: misdemeanor penalties, felonies, probation, intervention programs, firearms, imprisonment requirements, consecutive sentences and monitoring programs

  • Other matters: diversion programs, expungement and sealing of records

  • Glossary of terms and definitions, statutes and codes

  • Forms disk: civil and criminal


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  • Availability: Available
  • Brand: Daily Business Review (FL)
  • Product Type: Books
  • ISBN: 978-1-62881-296-1
  • Pub#/SKU#: FLDV17
  • Pub Date: 04/18/2017

Author Image
  • Andrew Wentzell
Andrew Wentzell is an attorney licensed to practice law in
Florida. An alumnus of Florida State University College of Law,
he has numerous years’ experience researching and writing on
issues in the field of domestic violence. He currently lives with his
wife and two children in Tallahassee, Florida; when not working,
he loves to homebrew beer and spend time with his family.

Full Table of Contents
1-1 Introduction
1-1:1 What is Domestic Violence?
1-1:2 What This Book Is; What This Book Is Not
1-1:3 Who This Book Is For

1-2 INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE
1-2:1 The Relationship
1-2:2 The Act
1-2:3 The Time
1-2:4 The Place
1-3 INJUNCTION FOR PROTECTION AGAINST SEXUAL VIOLENCE
1-3:1 The Relationship
1-3:2 The Act
1-3:3 The Act Deconstructed
1-3:4 The Time
1-3:5 The Criminal Component

1-4 INJUNCTION FOR PROTECTION AGAINST DATING VIOLENCE
1-4:1 The Relationship
1-4:2 The Act
1-4:3 The Time
1-5 INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE
1-5:1 The Relationship
1-5:2 The Act
1-5:3 The Time
1-6 INJUNCTION FOR PROTECTION AGAINST STALKING
1-6:1 The Relationship
1-6:2 The Act
1-6:3 The Time
1-7 THE “CHAPTER 39“ INJUNCTION
1-7:1 The Petitioner
1-7:2 The Act
1-7:3 Other Things

Chapter 2: The General Injunction Process
2-1 THE PETITION
2-1:1 In General
2-1:2 Confidential Address Issues
2-1:3 The Four Corners of the Petition
2-1:4 Other Documents that Must Be Included With the Petition
2-2 THE TEMPORARY INJUNCTION
2-2:1 In General
2-2:2 Possible Outcomes
2-2:2.1 Issued with hearing set
2-2:2.2 Denied with hearing set
2-2:2.3 Denied
2-2:3 Waiver of Hearing if Petition is Denied
2-2:4 Service on Respondent
2-2:5 Other Issues
2-3 THE HEARING
2-3:1 In General
2-3:2 Standard of Proof
2-3:3 The Underlying Act
2-3:4 Evidence
2-3:5 Strategies
2-3:5.1 Client control in the courtroom.
2-3:5.2 Testimony
2-3:5.3 Facing a Pro Se Litigant
2-3:6 After the Hearing
2-3:7 Other Issues
2-4 THE FINAL/PERMANENT INJUNCTION
2-4:1 In General
2-4:2 Promulgating the Final Injunction
2-4:3 Duration of Final Injunction
2-4:4 Modification/Dissolution/Extension of the Final Injunction
2-4:4.1 Modification of the Injunction
2-4:4.2 Extension of an Injunction
2-4:4.3 Dissolution of an Injunction
2-5 APPEALING THE FINAL ORDER
2-5:1 In General
2-5:2 What May Be Appealed
2-5:3 Strategies at the Trial Level

Chapter 3: Possible Conditions Imposed in the Final Order for Protection
3-1 WHAT MAY NOT BE IMPOSED, GENERALLY
3-1:1 Introduction
3-1:2 Mutual Orders of Protection
3-1:3 Custody of Children Already Under a Foreign Custody Order
3-1:3 Mediation
3-1:4 Providing Relief not Specifically Sought
3-1:5 Other 
3-2 BATTERERS’ INTERVENTION PROGRAMS
3-2:1 Generally
3-2:2 Must order
3-2:3 May order
3-2:4 When an order to attend a BIP is inappropriate
3-2:5 BIP list
3-2:6 Enforcement
3-2:6.1 The Tickler System
3-3 MENTAL HEALTH/SUBSTANCE ABUSE EVALUATION
3-4 VIOLENCE PROHIBITED PROVISION
3-5 NO CONTACT PROVISION
3-5:1 Generally
3-5:2 Optional sub-provisions
3-6 FIREARMS
3-6:1 Generally
3-6:2 Firearms exemption
3-6:3 Domestic Violence injunction versus other forms of injunction
3-7 ENHANCED MONITORING PROGRAMS
3-8 TEMPORARY SUPPORT
3-8:1 Generally
3-8:2 Alimony
3-8:3 Child Support
3-9 TEMPORARY EXCLUSIVE USE AND POSSESSION OF THE HOME
3-10 TEMPORARY PARENTING PLAN
3-11 DAMAGES
3-12 OTHER

Chapter 4: Contempt
4-1 CONTEMPT
4-1:1 Criminal Contempt
4-1:1.1 Direct Criminal Contempt
4-1:1.2 Indirect Criminal Contempt
4-1:2 Civil Contempt
4-2 PUNITIVE MEASURES AVAILABLE

Chapter 5: Applicable Acts
5-1 ASSAULT
5-2 AGGRAVATED ASSAULT
5-3 BATTERY
5-4 AGGRAVATED BATTERY
5-5 SEXUAL ASSAULT
5-6 SEXUAL BATTERY
5-7 STALKING
5-8 AGGRAVATED STALKING
5-9 KIDNAPPING
5-10 FALSE IMPRISONMENT
5-11 CATCHALL PROVISION
5-12 DOMESTIC VIOLENCE BATTERY BY STRANGULATION
5-13 VIOLATION OF PROBATION OR INJUNCTION

Chapter 6: The General Process
6-1 THE INCIDENT
6-1:1 The Parties Involved
6-1:2 The Nature of the Relationship
6-1:3 The Underlying Act
6-2 THE ARREST
6-2:1 Warrantless Arrest
6-2:2 Primary Offender Arrest
6-2:3 Dual Arrest
6-3 THE FIRST APPEARANCE/BOND HEARING
6-3:1 Pretrial Detention
6-3:2 Bail
6-4 PROSECUTOR’S DECISION
6-4:1 Prosecutorial Discretion
6-4:2 Declination of Prosecution
6-5 DISCOVERY
6-6 PRE-TRIAL HEARING
6-6:1 Pleas
6-6:2 Withdrawing a Plea
6-7 TRIAL
6-7:1 Possible Defenses
6-7:1.1 Self defense
6-7:1.2 Defense of Others
6-8 APPEALING A CONVICTION

Chapter 7: Sentencing and Penalties
7-1 MISDEMEANOR PENALTIES
7-1:1 Misdemeanor 2 Penalties
7-1:2 Misdemeanor 1 Penalties
7-2 FELONY PENALTIES
7-2:1 Felony 3 Penalties
7-2:2 Felony 2 Penalties
7-3 PROBATION
7-4 BATTERERS’ INTERVENTION PROGRAMS
7-5 FIREARMS RESTRICTION
7-6 MINIMUM IMPRISONMENT REQUIREMENT
7-7 CONSECUTIVE SENTENCES
7-8 SUSPENDED SENTENCES
7-9 ENHANCED MONITORING PROGRAMS

Chapter 8: Other Matters
8-1 DIVERSION PROGRAMS
8-2 EXPUNGEMENT
8-3 SEALING A RECORD
8-4 OTHER

APPENDIX A: Glossary of Terms and Definitions, Statutes and Codes

A-1 Domestic Violence
A-2 Family or household member
A-3 Violence
A-4 Victims’ Advocates
A-5 Shelters
A-6 Batterers’ Intervention Programs (BIPs)
A-7 Mandatory Reporting

APPENDIX B: Glossary of Terms and Definitions, Statutes and Codes: EVIDENTIARY ISSUES

B-1 Privileges
B-1:1 Lawyer-Client Privilege
B-1:2 Psychotherapist-Patient Privilege
B-1:3 Sexual Assault Counselor-Victim Privilege; Domestic Violence Advocate-Victim Privilege
B-1:4 Husband-Wife  Privilege
B-1:5   Clergy-Parishioner Privilege
B-2 Battered Spouse Syndrome
B-3 Medical Statements
B-4 Statements by Child Victims
B-5 Williams Rule

APPENDIX C: FORMS
F-1 Civil Forms
F-2 Criminal Forms
F-3 Other Related Forms