Domestic Violence in Florida

Domestic violence is an intolerable, unacceptable situation which must be dealt with immediately. It is defined as acts or real threats of physical violence against a spouse, mate (heterosexual or gay), or other family members. Physical violence can include shoving, poking, slapping or restraining as well as the obvious acts of striking. Threats of physical violence have to be believable. Destruction of your personal property combined with these threats are very useful. Immediate relief is available through an emergency injunction one can apply for through the clerk of the court in the county you live in. You file out a petition by hand, with a sworn affidavit which includes with a statement that you are in fear of future violence. The judge will review the paperwork and hopefully, there is enough in your statement to issue an emergency temporary injunction keeping the offender away from you. If the two of you are living together, he may order the removal of that person from the house. A final hearing will be held within two weeks of the issuance of the first order. It is always best to have an experienced family law attorney to help you with the process. On the otherhand, abuse of this process does occassionally occur. It does not help you in a divorce case. And if you are a victim of false allegations, an attorney who knows how to mount a strong defense should be at your side. James S. Werter, Esquire Boca Raton, Florida

Stalking or Cyber-stalking in Florida

Stalking is a criminal offense in the state of Florida. It can be a misdemeanor or felony depending on the level of threats OR harassment. The statutes include harassment and OR threats communicated by telephone, text messages, emails or other electronic means. REPORT IT TO LAW ENFORCEMENT. ALSO, You can get an emergency injunction or restraining order from a judge in the same manner that you would get one for domestic violence by gointg to your local clerk of the court and applying for a stalking injunction by the filing of a petition and affidavit as to what has happened. MAINTAIN YOUR EVIDENCE. Voice messages, emails, text messages on cell phones, surveillance videos; anything that supports the occurences. Seek representation of an experienced family law attorney. This type of injunction is heard in front of a Florida family law judge. James S. Werter, Esquire, Boca Raton, Florida.

Free Presentation About Divorce in Florida

DIVORCE PRESENTATION ON JUNE 17, 2014 AT 6:00 PM. GREATER DELRAY CHAMBER OF COMMERCE, 140 NE 1rst Street, Delray Beach, FL. I will present an overview of what to anticipate in a divorce/dissolution of marriage legal proceeding. This is not an individual consultation and prospective client-attorney confidentiality does not apply. This is a group presentation. Admission is free. James S. Werter, Attorney at Law, P.A., Boca Raton, FL 561-826-9310

Domestic Violence in Florida

Domestic violence is an intolerable, unacceptable situation which must be dealt with immediately. It is defined as acts or real threats of physical violence against a spouse, mate (heterosexual or gay), or other family members. Physical violence can include shoving, poking, slapping or restraining as well as the obvious acts of striking. Threats of physical violence have to be believable. Destruction of your personal property combined with these threats are very useful. Immediate relief is available through an emergency injunction one can apply for through the clerk of the court in the county you live in. You file out a petition by hand, with a sworn affidavit which includes with a statement that you are in fear of future violence. The judge will review the paperwork and hopefully, there is enough in your statement to issue an emergency temporary injunction keeping the offender away from you. If the two of you are living together, he may order the removal of that person from the house. A final hearing will be held within two weeks of the issuance of the first order. It is always best to have an experienced family law attorney to help you with the process. On the otherhand, abuse of this process does occassionally occur. It does not help you in a divorce case. And if you are a victim of false allegations, an attorney who knows how to mount a strong defense should be at your side. James S. Werter, Esquire Boca Raton, Florida

Stalking or Cyber-stalking in Florida

Stalking is a criminal offense in the state of Florida. It can be a misdemeanor or felony depending on the level of threats OR harassment. The statutes include harassment and OR threats communicated by telephone, text messages, emails or other electronic means. REPORT IT TO LAW ENFORCEMENT. ALSO, You can get an emergency injunction or restraining order from a judge in the same manner that you would get one for domestic violence by gointg to your local clerk of the court and applying for a stalking injunction by the filing of a petition and affidavit as to what has happened. MAINTAIN YOUR EVIDENCE. Voice messages, emails, text messages on cell phones, surveillance videos; anything that supports the occurences. Seek representation of an experienced family law attorney. This type of injunction is heard in front of a Florida family law judge. James S. Werter, Esquire, Boca Raton, Florida.

Free Presentation About Divorce in Florida

DIVORCE PRESENTATION ON JUNE 17, 2014 AT 6:00 PM. GREATER DELRAY CHAMBER OF COMMERCE, 140 NE 1rst Street, Delray Beach, FL. I will present an overview of what to anticipate in a divorce/dissolution of marriage legal proceeding. This is not an individual consultation and prospective client-attorney confidentiality does not apply. This is a group presentation. Admission is free. James S. Werter, Attorney at Law, P.A., Boca Raton, FL 561-826-9310

Inheritances and Divorce in Florida

I get many questions in a divorce consultation regarding an inheritance received prior to or after marriage. Is it part of the marital assets to be divided between husband and wife? Short answer; NO ! It is the property of the beneficiary. There is always a “however…” If you use the income from that inheritance to support the family unit, that income can be considered in calculating child support or the ability to pay alimony. The main body (corpus or principal) of the inheritance can be considered in one’s ability to pay alimony. A knowledgeable attorney can figure the difference and can defend against or argue for consideration of the inheritance to the judge. James S. Werter, Esquire. Boca Raton, Florida

Florida Divorce and Family Businesses

Many times, the married couple are involved in a private family owned business. If this business was created during the course of the marriage, it is a marital asset which needs to be divided or considered when distributing other assets of the marriage regardless of whose name it is in. If it was a pre-marital asset, only the value that it grew during the marriage, is to be considered a marital asset which one party needs to be compensated for. If the business is incorporated in any fashion, an attorney must join that business entity as a party to the divorce action. The business entity, if incorporated, is like a person unto itself. Once joined in the suit, the judge can exercise authority to do whatever may be necessary with the business. For example, the initial petition for dissolution of marriage will look something like this; IN RE: THE MARRIAGE OF Jane Doe, Wife and John Doe, Husband, and Doe Company, Inc., a Defendant/Corporation. An experienced family law attorney knows how to handle this. James S. Werter, Esquire, Boca Raton, Florida

Free Presentation on Divorce in Florida

DIVORCE PRESENTATION ON JULY 15, 2014 AT 6:00 PM. GREATER DELRAY CHAMBER OF COMMERCE, 140 NE 1rst Street, Delray Beach, FL. Parking on 2nd Ave., NE. An overview of what to anticipate in a divorce/dissolution of marriage legal proceeding. THIS IS NOT AN INDIVIDUAL CONSULTATION AND PROSPECTIVE CLIENT-ATTORNEY CONFIDENTIALITY DOES NOT APPLY. This is a group presentation. Admission is free. RSVP is optional at info@werterlaw.com . James S. Werter, Esquire, Boca Raton, Florida

Florida Driver’s License and Suspension for Not Paying Child Support

If your child support case is being overseen by the Florida Department of Revenue (DOR) and you fall behind in paying your child support, DOR can ask the Florida Department of Highway Safety and Driver’s Licenses to suspend your driver’s licence under Florida Statute 409.2598. The family court can also do this in a case not monitored by DOR. You will receive a notice of intent to suspend and have 30 days to respond. Don’t let it drag. A petition must be filed to contest the suspension. James S. Werter, Esquire, Boca Raton,Florida

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