Filing for a restraining order (injunction for protection) in Duval County was designed to be a straightforward process that does not require the assistance of an attorney. Injunctions for protection, commonly referred to as restraining orders are legal devices that can ultimately involve jail to protect individuals who have been victims of violence or are fearful of becoming a victim. Injunctions are issued when the court agrees that the person seeking the injunction is a victim of violence or reasonably believes he/she is in imminent danger of becoming a victim of violence. The court then restrains the other party from coming into contact with the victim and/or coming near the victim.

Filing a Petition for Injuntion at the Courthouse

In order to gain access to these protections you must go down to the courthouse and file a Petition for Injunction. The paperwork for the petition is fairly straightforward and in most cases does not require the assistance of an attorney. Staff at the courthouse can assist with completing the Petition for Injunction. The process is relatively ease so that people who cannot afford to hire an attorney can still seek protection from violence. That said, many people seeking an injunction do hire a family law attorney to assist them, either with the hearing on the Petition for Injunction or for a divorce case that is also needed.
There are four types of injunctions/restraining orders in Florida, issued for: domestic violence; dating violence; sexual violence; and repeat violence.

You will need to select which of these applies to you and complete the petition that applies to your situation.

· A domestic violence petition is used when you and the respondent have been living together as a family, whether married or not, or lived together as a family in the past, and/or if you have a child or children together.

· A dating violence petition is for those who have been dating but have not lived together within the last 6 months.

· A sexual violence petition is used for those who have been a victim of sexual assault or abuse (you are not required to file criminal charges).

· A repeat violence petition is for any of the other types of stalking or violence between friends, neighbors, coworkers, etc. In order for it to be considered repeat violence, there must be at least two incidents within the last six months.

What’s Included in the Petition Requirements?

The petition requires information like petitioner (you), the respondent (the individual you want restrained), addresses, place of employment, children’s names (if applicable), and a description of the respondent so that police may find him or her. There will also be a paragraph detailing the reasons why you are seeking the petition. It must be detailed, contain the nature of the relationship between you and the individual, and the date or dates of the incident(s). You must be as detailed as possible when explaining the situation because a judge will review the petition and decide whether or not to enter a Temporary Injunction based on this information.

Temporary Restraining Order Injunctions

After reviewing the petition, the judge may or may not grant the petition and enter a Temporary Injunction. A Temporary Injunction is just that – a temporary court order that sets out what the type of contact the respondent may or may not have with the petitioner. If the petition is granted on a temporary basis, the judge will then issue a Temporary Injunction against the respondent that will be in place for 14 days.

The judge will then set a hearing 14 days from the date the judge signs the Temporary Injunction, so that a full hearing can take place and both parties can testify and present evidence. The respondent will be served with a copy of the petition, along with the Temporary Injunction. Once he or she is served, the terms and conditions of the Temporary Injunction are in place and he or she must comply with them. If, however, the respondent cannot be located and served prior to the hearing, the temporary injunction will be extended for another 14 days. It is important to remember that the Temporary Injunction is not enforceable until the respondent has been served with it by law enforcement. That is why it is important to put the correct contact information for the respondent in the petition so that he or she can be found and served. Filing a restraining order in Jacksonville, for example, where there is a large population can be problematic, as it is sometimes difficult for police to easily locate the individual.

If the respondent is served with the petition and Temporary Injunction, you will need to use the 14 day period to prepare for the hearing. At this point, you may wish to hire an attorney to represent you at the hearing. Your attorney will help you better understand what you will need for the hearing. It is generally better to have everything/everyone you might need: witnesses; video evidence; phone records; text messages; social media posts; and anything else that would be evidence of abuse and violence. Your attorney knows the procedures needed to collect and verify evidence that the court will require and can prepare you and your witnesses to testify. Evidence must be presented which supports the allegations in the petition for injunction. Usually, the court will not want to hear “new” evidence or evidence other than what is contained in the petition for injunction, which is why it is so important to include everything in petition.

In general, the injunction procedure is very straightforward and completing and filing the petition can be done without an attorney. While it is not necessary to work with an attorney to file a petition for injunction in Duval County, you should strongly consider having an attorney representing you at the hearing after the Temporary Injunction is issued by the court. The outcome of the hearing is extremely important and can have a significant effect on your safety and well-being, so if you do not feel confident on your own then by all means seek help. When your life and the lives of your family members are at stake there is no reason not to ask for help.

For more information on how to file for an injunction directly in Duval County, please visit http://www2.duvalclerk.com/departments/domestic-violence/ or call the injunction clerk at (904) 255-2210.

For this or any other family law related question, please call my office at 904.306.9926 to schedule an appointment or contact us online.

For couples who have tried to work out their relationship, but have decided that a divorce is the best way to proceed, they will find that there are several pieces of evidence that can be used against them once they go to court. Did you know that text messages are considered admissible evidence? This means that if one party loses his or her temper and texts the other party, the text messages may be used as evidence in court. In many cases, especially when children are involved, text messages can affect the final decision made by the Judge regarding time-sharing (custody), alimony, distribution of assets and debts, etc.

When you are going through a divorce, you must be aware of what you put in a text or email, as well as what you say to the other party in person or over the telephone. For this reason, we have a few tips to help you in making sure you do not put something in a text that can be used against you later in court. These tips also apply after you are divorced. The main goal of these tips is to keep you from impulsively saying something to your ex or soon to be ex that can come back and hurt you later.

4 Tips to Text your Soon to be Ex-Spouse

1. Always take the time to think about what you are texting, never send a text while you are feeling angry, hurt or frustrated. If this means stepping away from your phone for an hour or two to get your emotions under control, then do so.
2. If your ex is texting you rude, hateful, or nasty comments, be sure to keep the texts saved in your phone, and do not respond in a rude, hateful or nasty way. Do not engage in a back and forth argument via text message!
3. It is best to limit your texts with your ex to information about children, dates that need to be remembered and the like. There are some couples who text freely, but in these cases, the divorce is most often amicable and there are no emotional issues.
4. It is not only your texts to your ex that can be used against you in court, but any text that you send to anyone. Thus, avoid texting anything about your soon to be ex to anyone and basically keep the subject off limits.

Controlling your Emotions

Many lawyers recommend that clients simply stop texting the other party entirely and even that they stop posting to social media in general. If you are going to text, or put things out there on social media, make sure you are not saying anything that you would not want the Judge to see in court. Keeping your emotions under control is a must. While one of the above tips was to walk away and stop texting if you feel that your anger and emotions are getting out of hand, we have a few more in-depth tips that can help.

1. Try breathing exercises. Slowly count to 10 and be sure that you are taking deep breaths to help calm yourself while you are counting.
2. Take a moment to listen to a song that soothes you. You will be amazed at how well soothing music can calm emotions.
3. Take a walk and leave your phone at home. Physical exercise has been shown to be great when it comes to helping to release anger in a normal and healthy manner.
4. Go to your ‘happy place’ when you start to feel angry. This may mean sitting in your living room and imagining yourself sitting on the beach or even floating in the pool. Either way, allow this happy place to make you feel less angry.

For those who are going through a divorce, we want you to realize that your texts could become one of the main ways your soon to be ex gains the upper hand. Here at Norman Law, we advise our clients against texting their exes, unless they are positive that they can keep their calm. Divorce is not something to take lightly, but if it is unavoidable, then be sure you are taking actions to ensure you are getting a fair divorce.

Alimony reform is again on the Governor’s desk in Florida. The bill made it out of the legislature and was sent to Governor Scott on Monday, April 4, 2016. The Governor has until April 19 to sign or veto the bill. This is the latest round in the attempt to change the alimony law in Florida.

The Arguments

Many are in support of the alimony law already in place in Florida. Those who receive alimony, such as those who have never had a career due to having to raise children or keep the home, believe the alimony law should not be changed. On the other hand, those who are paying alimony commonly feel they are being taken advantage of and should not have to financially support a former spouse for many years after the divorce. No matter what the other spouse may have done during their marriage, many alimony paying spouses feel that the alimony law forces them to pay too much money to the other party, and for too long.

The New Proposition

The legislation that is being considered by the Governor, if it becomes law, will significantly change the way alimony is determine in Florida. These new changes include:

• Judges will have guidelines to calculate the amount of alimony payments
• The length of time alimony will be paid will also be based on guideline calculations
• There will no longer be ‘lifetime’ alimony payments
• There will be new circumstances that will be considered to modify or terminate alimony payments
• There will be no guidelines for marriages that lasted more than 20 years, and judges are encouraged to equalize the incomes of the parties
• The bill also will include the premise that the parents should have 50-50 custody or time-sharing with their children

The new alimony provisions, if passed, will apply to all initial alimony determination cases and all alimony modification cases pending on or after October 1, 2016. However, the new provisions regarding modification of an existing alimony obligation would apply to all cases. The new 50-50 time-sharing premise would apply only to initial divorce or time-sharing cases filed on or after October 1, 2016.
Even if the proposed bill does not become law, the alimony reform effort in Florida will continue in the future. Many officials within Florida are stating that this new bill simply gives judges guidelines to determine the amount of alimony and how long it will be paid, and is fair to both parties. These people feel that the judges have too much discretion and power, and the decisions are not consistent, and vary from one divorce to the next.

The Family Law Section of the Florida Bar has come out publicly against this bill, primarily because it includes the 50-50 time-sharing premise. The Governor can sign the bill into law or veto it (as he did to the prior alimony reform bill in 2013).

Here at Norman Law, we are ready to take on these new aspects of divorce and alimony, and work for you. If you need help with a divorce, alimony, child support or any other family law issue, contact us today to get started!

When parents are sharing custody of their child, it can make the holidays feel even more hectic. Timesharing during the holidays can be very stressful, and not just for the parents – often the stress and tension the parents feel is transferred to the children. This is why it is important to remember that the holidays should be about the children. Parents should do whatever is necessary to ensure that their children are not feeling the stress that has come from the parents no longer being together.
With this being said, there are several things you can do to ensure that everyone has a good holiday:
Make sure you have an agreed-upon schedule in place before the holidays. In most cases, the Court will have a recommended schedule for you to follow. Both parents should be following the schedule from the Court or agree on one together so that the children get just as much time with both parents and their families as possible.

Have you considered celebrating together? This is something many parents are able to do if their divorce was one in which feelings weren’t hurt, or when enough time has passed to allow both parents to heal. This can make the holidays much better for the children.

Don’t Force Your Kids Choose

Never make the children choose who they want to spend with during the holidays. It is not fair to them to make them choose, and it can cause bad feelings for everyone. Instead, work together to make sure the children get to see both parents equally.

Communication is Key to Scheduling the Holidays

Always check with each other to ensure that your plans with your family do not conflict with their plans. This can be a huge issue during the holidays. Communication between parents is the key.
As a parent, you need to realize that timesharing during the holidays is going to require both parents to compromise. You need to be flexible and realize that neither of you are going to get 100% of the time with the children.

When your kids are with the other parent, instead of feeling depressed and lonely, focus instead on your family and support system. Also, the holidays are stressful and it is important to have a little ‘me time’ whenever you can.

Consider New Traditions to Minimize Stress

Timesharing during the holidays can be complicated and stressful. It is important to understand that some of the traditions you enjoyed before the divorce may not be possible any more. However, you now get to create new traditions with your children and family that you will have for many years to come.

If you have questions related to Child Custody and Timesharing, Contact Jacksonville divorce attorney Wendy Norman at 904.306.9926.

When a divorce happens, feelings and emotions are high. However, when children are involved, it is important that the Court evaluate both parents and consider their mental health and ability to care for their children, and determine what is in the best interests of the children. The State of Florida no longer awards one parent custody of the children; instead, there are parenting plans which include timesharing schedules. One parent may have the children more than the other, or the parents may have equal time with the children. Because the Court must determine what timesharing schedule is in the best interests of the children, many times a social investigation will be performed.

The Basics of a Social Investigation and Child Custody

This type of investigation is usually performed by a mental health professional, one who has no prior relationship with either of the parties or the children. The Social Investigator is a neutral and impartial third party, thus his or her opinions and recommendations will carry great weight with the Court. The Social Investigator will evaluate both parents, including their lifestyles, and make a recommendation as to which parent the children would be better off spending more of their time with, or if the children should spend equal time with the parents. The Social Investigator will outline all of his or her findings and recommendations in a report that is presented to the Court. In addition, he or she will submit a proposed parenting plan that best fits the needs of the children.

Assessments during a Social Investigation and Parenting Plans

During a social investigation many things will be considered and reviewed by the Social Investigator, including the following:

• Background checks, checks of police records and the like concerning both parents
• Interviews with the children are conducted
• Interviews with both parents
• Character references submitted by both parents are interviewed
• Doctors, employers, and other professionals are interviewed about the parents and children

Once these assessments are made, the report and parenting plan are then drawn up, and include findings and recommendations by the Social Investigator.

How this Affects Timesharing Agreement

Since the social investigation is such a huge component of the parenting plan and timesharing schedule, the findings and recommendations of the Social Investigator will have a huge effect on the final timeshare plan. In most cases, the Court agrees with the Social Investigator and implements the recommended parenting plan and timesharing schedule.
For those who are going through a divorce or who are arranging a timesharing schedule, Wendy Norman is a family attorney who has been practicing in the Jacksonville area for over 15 years. She has had many cases involving social investigations and can help you prepare for what is to come. Simply give her a call today to discuss your case!

Many couples enter into their marriages with a prenuptial agreement in place. This agreement is meant to serve as protection in the event the marriage does not succeed and there is a divorce. The reasons for having a prenuptial vary from couple to couple. In most situations, the parties have separate assets or achievements in their lives that they want to keep as their own in the event of a divorce. Prenuptial Agreements in Florida are more complex than what most people expect.

Drafting a Prenuptial Agreement

For couples who are ready to get a prenuptial agreement, there are several questions and concerns that are raised. For one, many people are not aware of all the items a prenuptial agreement can address. It is important that both parties understand what a prenuptial agreement is and the function it serves later, in a divorce.

Secondly, the most important question is what assets do you want to specify in the prenuptial agreement to ensure they are protected? This can be a hard question to answer, as each party must agree he or she is okay with the assets the other is wanting to protect. For example, a man may want to protect the house he purchased before marriage. Or a woman who earns more than her spouse-to-be may want to protect the savings she had before the marriage. These are things that need to be addressed in the prenuptial agreement in detail.

Lastly, are you ready to sign a prenuptial agreement? When one of these agreements is prepared, one of the parties may not be on board with having a prenuptial agreement. For many, this is taken as a sign that the marriage is not going to work. There is no right or wrong answer to this question, and sometimes the wedding is postponed to determine if a prenuptial agreement is something both parties are comfortable with signing.

Attacking a Prenuptial Agreement

If divorce does occur, attacking a prenuptial agreement is often the first thing one or both spouses want to do. There are two main ways this can be done. One way is to claim duress. This basically boils down to one spouse claiming he or she was under duress when he or she signed the prenup, thus making it invalid. This may be difficult to prove, depending on the facts and circumstances.

Another way to attack is to claim there was not enough disclosure regarding assets or debts, or other financial matters. This is not as difficult to prove. For example, if one spouse did not reveal certain assets in the agreement even though they did in fact have these assets, the court may refuse to follow or apply the agreement.

Have a Question about a Prenuptial Agreement?

If you are getting ready to get married and want a prenuptial agreement, you should work with an attorney in order to ensure the agreement is properly prepared. By working with an attorney you will greatly lower your chances of having the agreement attacked in the event of a divorce. For those going through a divorce that includes a prenuptial agreement, you will want someone on your side to fight for your needs and wants, and attack the agreement if needed. Wendy Norman has been handing divorce, prenuptial agreements and family law in general for years within Jacksonville, Florida, and she can help you as well. Going through a prenuptial agreement without legal representation is only setting yourself up for failure later.

When facing any type of legal case, mediation is often the way the case is resolved or settled. Many divorce and custody agreements are made via mediation, rather than going to court. Some reasons for this are that it is often faster to reach an agreement at mediation than going to court, and most people leave feeling better towards each other, as there is no long, drawn out court case.

What is Mediation?

This can best be described as a way to peacefully resolve disputes through the use of a neutral mediator whose job is to help both parties get some of the things they want. The mediator does not decide who is right or wrong, and is there to both parties work out their differences so that a judge does not have to decide things for them. Here is an example of how mediation is used in a divorce case:

Both parties are in agreement about getting a divorce, and are ready to move on with their lives. They want to resolve their disagreements and avoid a lengthy court case that may not turn out in either parties’ favor. Instead, they choose to use mediation. At one mediation session the parties may decide how they want to divide their assets, including such matters as who gets the dog, who keeps the home and the like. All the while, both parties are able to freely speak their thoughts and feelings. In the end, both parties walk away with a compromise each can live with, and move forward with their lives.

What to Expect During Mediation

There are several things you can presume at mediation:

• The mediator is not going to take sides, he or she is neutral and impartial
• The mediator will control the conversation flow
• Each person will have the chance to voice his or her concerns without interruption
• A mediation is confidential

Mediation is Usually Required by the Court

Mediation, even if not required, is highly recommended in most cases. Wendy Norman has been practicing in the Jacksonville, Florida area for many years in the family law courts. She has attended many mediations with clients and can help you through mediation, as well as provide advice for how to prepare for mediation if this is the route that you choose to go.

Please call our office to request a free consultation if you have a family law matter: (904) 306-9926.

To establish paternity, any woman who is pregnant, or has a child, and any man who has reason to believe he is the father of a child, may request that paternity be determined and established. In any proceeding to establish paternity, the court may require scientific (DNA) testing. A determination of paternity for a child born out of wedlock also requires the father to pay child support and gives the father time-sharing (visitation) rights.

A man who believes he is the biological father of a child born out of wedlock is permitted to claim paternity of the child by filing with the Florida Putative Father Registry. This claim of paternity may be filed at any time prior to the child’s birth. An unmarried biological father who wishes to maintain his paternal rights should file with the Florida Putative Father Registry because failure to do so may result in the termination of those rights.

To disestablish paternity, a petition must be served on the mother or other legal guardian of the child, and must include a sworn statement made by the father. Along with the affidavit the father must also provide biological testing to support his petition to disestablish his paternal rights.

Paternity the Key to Child Custody and Child Support

Establishing legal paternity is a key part of child custody and child support agreements. Whoever is determined to be the legal father will have all the rights and responsibilities of a father. Some of these rights and responsibilities include requirement to pay child support, coordinating with the child’s mother in a joint custody agreement, sole custody, visitation agreements and more.

Our goal is to help you accurately determine paternity so that the right custody, visitation and child support agreements can be reached. For answers to your questions about establishing paternity, call Jacksonville divorce lawyer Wendy Norman today.

Going through a divorce can be a difficult time in the life of both parties. Even though both may agree to the divorce, it is still a major change in your life. Along with no longer having that person in your life, you may also be faced with the issue of alimony. Alimony is paid to one spouse by the other spouse as a way to ensure that the party receiving the alimony is able to continue to have the type of life they are used to having. This is fairly common when one spouse was the one who worked outside the home, while the other stayed home for the children. There are several types of alimony and spousal support in Florida, all of which are geared to ensure fairness to both parties.

One of the most common questions asked when it comes to alimony is whether alimony is counted as income. The short answer to this question is yes, the alimony does need to be included in the income totals for the spouse who receives alimony. For the spouse who receives alimony, this is often going to allow him or her to file taxes in a higher income bracket than they would otherwise.

The Following Fiancial Factors Apply to Alimony:

· One party makes payments based on an agreement made between the parties
· Alimony payments are not combined with other payments like child support
· The agreement should dictate when the alimony payments end
· The parties must live apart
· A joint tax return cannot be filed by the parties
· Ensure that no extra alimony is being paid

If the payment is for the actual purpose of child support, part of a property settlement, to help keep up the property, or is purely voluntary, the payment is not a true alimony payment. In these situations, the money given is not really alimony, so it does not have to be considered as a part of the party’s income.

Avoid Confusion – Ask a Qualified Divorce Attorney

Alimony can be a tricky path to navigate without the proper help. There are several federal laws and regulations that are in place, meant to help ensure that alimony is paid to the spouse, and that this income is reported as it should be at the end of the year. Without help, many people become confused and this can lead to severe financial consequences.

For those who are located in Jacksonville, Florida, Wendy Norman is here for you. Whether you are the spouse who needs help with alimony payments or the spouse who wants to ensure alimony is being paid, give her a call. She has helped hundreds of others get their lives back in order after divorce, and she can help you as well.

Call 904.306.9926 For a Free Consultation Today!

This is a common question we’re asked. When a divorce happens, there are many cases in which one spouse has to pay alimony to the other spouse. In situations involving a child or children, one parent is often ordered by the court to pay child support, even in situations in which the parents may have not been married. The goal of alimony and child support is to ensure that the change in lifestyle brought about by the divorce does not negatively affect the quality of living of the spouse and/or children. Even with a court order requiring one party to alimony or child support, in many situations, an ex stops paying, leaving the other party and the children in a dire financial state situation.

Notify the Court of Unreceived Alimony or Child Support

What happens when you are not getting paid the alimony or child support that is owed to you? You first have to notify the court. This lets the court know the ex is no longer paying what was ordered by the court. Your lawyer can help to file the necessary paperwork that is needed.

Once the court gets this information, there are a couple of things the court can do:

1. The court may freeze the bank account of the person not paying and direct deposit what is owed and monthly amounts thereafter into the account of the other party
2. The court can deduct the person’s wages straight from their check and deposit this into the other party’s account
3. The court may order jail time in situations if it is clear that the ex is simply not paying, even though he/she does have the ability to pay

The court can also revoke a person’s driver’s license, hunting license or fishing license for not paying alimony or child support.

If you have an ex-spouse or partner who has stopped paying child support or alimony, the court can step in and take control of the case. You should not remain quiet and hope for the best. If your ex-spouse or partner is not paying now, and does not have a good reason for not paying, then chances are he or she is not going to pay in the future. Having a good lawyer on your side is the only way to approach these types of cases.

For those who are located in Jacksonville, Florida, Wendy Norman, is a family attorney working with all matters related to divorce, family, child support and alimony. She will work hard for you to ensure your case is handled properly and that you receive the support you deserve.

For a Free Consultation With a Jacksonville Divorce Attorney, Call Wendy Norman (904) 306-9926.