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book image Florida Domestic Violence: The Practitioner’s Handbook 2015
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Standing Order with Automatic Update Service

Author Name Andrew Wentzell
492 Pages  
Published date 2014
ISBN no. 978-1-57625-736-4
eBook ISBN no. 978-1-57625-796-8
Condition New
 
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Title
About this Book
About the Author
Acknowledgements
Chapter 1: The Six Types of Injunctions
1-1 INTRODUCTION
1-1:1 What is Domestic Violence?
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
2-3 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
3-1:4 Mediation
3-1:5 Providing Relief Not Specifically Sought
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 CATCH-ALL PROVISION
5-12 DOMESTIC VIOLENCE BATTERY BY STRANGULATION
5-13 VIOLATION OF INJUNCTION
Chapter 6: The General Process
6-1 THE INCIDENT
6-1:1 The Parties Involved
6-1:2 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 Pre-Trial Detention
6-3:2 Bail
6-4 PROSECUTOR’S DECISION
6-4:1 Prosecutorial Discretion
6-4:2 Declination of Prosecution
6-5 PRE-TRIAL HEARING
6-5:1 Pleas
6-5:2 Withdrawing a Plea
6-6 TRIAL
6-6:1 Voir Dire
6-6:2 People in the Courtroom
6-6:3 Possible Defenses
6-6:3.1 Self-Defense
6-6:3.2 Castle Doctrine
6-6:3.3 Parental Discipline
6-6:3.4 Consent Is Not a Defense
6-7 APPEALING A CONVICTION
6-7:1 The Defense’s Appeal
6-7:2 The State’s Appeal
Chapter 7: Sentencing and Penalties
7-1 MINIMUM IMPRISONMENT REQUIREMENT
7-2 MISDEMEANOR PENALTIES
7-2:1 Misdemeanor 2 Imprisonment and Fines
7-2:2 Misdemeanor 1 Imprisonment and Fines
7-3 FELONY PENALTIES
7-3:1 Felony 3 Imprisonment and Fines
7-3:2 Felony 2 Imprisonment and Fines
7-3:3 Felony 1 Imprisonment and Fines
7-3:4 Felony Life Imprisonment and Fines
7-3:5 Felony Capital Imprisonment and Fines
7-3:6 Criminal Punishment Code
7-3:7 Domestic Violence Sentence Multiplier
7-3:8 Prohibition on Withholding Adjudication
7-4 ADDITIONAL MANDATORY PENALTIES
7-4:1 Probation
7-4:2 Batterers’ Intervention Programs
7-4:3 Firearms Restriction
7-5 OPTIONAL PENALTIES
7-5:1 Enhanced Monitoring Programs
7-5:2 Restitution
7-5:3 Random Drug Testing
Chapter 8: Other Matters
8-1 DIVERSION PROGRAMS
8-1:1 First Time Offender Program
8-1:2 Veterans’ Treatment Court
8-2 EXPUNGEMENT
8-3 SEALING A RECORD
Glossary of Domestic Violence Terms and Phrases
Forms Appendix
Table of Cases
Index
Back Page
 
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