• There are many ways to find an attorney. Start with the Florida Bar or your local bar association.
• Attorney websites such as AVVO provide reviews to help you sort through your options
• Support groups allow you to talk to other survivors and get referrals
• DV resource centers often can refer to free or low-cost services if you qualify

• Yes, they can always file with the court for any motion, but that does not mean they are entitled to it or it will be granted

• Domestic violence creates a rebuttable presumption of detriment to the child and that sole parental responsibility should lie with the children. However, each case is unique and you will need to consult with an attorney

• Lawyers represent each party and speak about the child. A GAL represents the child and advocates in the child’s best interest to the court. GAL’s are supposed to represent the child and as such, they should look at all evidence and determine what is in the child’s best interest
• GAL’s have easier time accessing privileged information. Sometimes they can waive privileges the children hold. (Depending on the age of the child they can then provide a recommendation as to custody)
• You can ask to have a pro bono GAL if you cannot afford one, ask your judge for a list

What is the difference between a GAL in a divorce case or dependency case?

• They should, but they are not required to do so by law (Florida statute 61-401-403 outlines the responsibilities and duties of a GAL)

o Police officers and others are mandatory reporters. If the child was in the home at the time of the abuse, they could be in danger. DCF will verify the child is not in harms way.
o If Police are involved, it can be even more important to file for an injunction

• Generally a judge will find the recommendation important and highly influential, but they may only review it to help them make a decision

• Parental rights refer to the umbrella of parental responsibility and timesharing
• Custody no longer exists in the state of Florida.
• Parental responsibility is further broken down into the following regarding major decisions regarding the children
  • Sole decision making means the parent with sole decision making has all ability to make decisions for the child without consulting the other parent because it would be detrimental to the child
  • Ultimate decision-making means one parent must consult the other but has the ultimate ability to make a decision with regards to the child
  • Shared decision-making means parents must agree before a decision can be made about the child
  • All three generally refer to major decisions such as non-emergency medical and schooling.

• Parental rights refer to the umbrella of parental responsibility and timesharing
• Custody no longer exists in the state of Florida.
• Parental responsibility is further broken down into the following regarding major decisions regarding the children
  • Sole decision making means the parent with sole decision making has all ability to make decisions for the child without consulting the other parent because it would be detrimental to the child
  • Ultimate decision-making means one parent must consult the other but has the ultimate ability to make a decision with regards to the child
  • Shared decision-making means parents must agree before a decision can be made about the child
  • All three generally refer to major decisions such as non-emergency medical and schooling.

• They are trying to control the victim/survivor and have a fear of losing control

• NO, you can be in separate rooms and in fact, most mediations, parties are usually in separate rooms. The mediator goes between rooms

• You do not need an attorney, but it can be very helpful and wise to do so

• Attorneys have a lot of experience with mediation and may help you determine what is in your best interest as well as your child’s if one is involved. They can also tell you what will occur in court and give you a better framework with which to make decision

• Each state varies, you can find these typically on the website of your state’s legislature. In Florida, alimony & child support laws can be found in chapter 61 of the Florida Statutes which can be found here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html

• Indigent status means you do not have the ability to pay and may qualify for free or discounted filing fees and court costs

• Apply at the clerk’s office to determine if you qualify. You should file immediately before or at the time of filing for divorce
• It should be noted, there is never a fee to file for a Domestic Violence Injunction

• The Pinellas County Courthouse has legal staff available at $1 per minute to help with. The legal staff can help with filling out forms and filing paperwork. Check your state and county resources to find something similar. DV resources centers may have referrals such as Gulf Coast Legal in Pinellas County and others. You can also contact your local bar and they may have available referrals

• At a minimum, you will need pay stubs and bank records. Look up the rule of mandatory disclosure, Florida family law rule of procedure 12.285 for a complete list

• You can. If it is during the divorce process, it is non-marital debt and thus you will assume any debt. For the purpose of mine vs. ours and the division of assets, it is the date of filing the petition

• In Florida, payment of attorney’s fees and costs is based on ability and need to pay. You can request the court assign your abuser to pay. The judge has the ability to make the decision

• See above about them paying yours

• Get as organized as possible. Provide your attorney with all requested information as quickly and thoroughly as possible. Make sure your attorney has all information needed related to the Domestic Violence and the divorce. It is important to stay in contact with your attorney. It is also a good idea to provide more information rather than less and let your attorney do the editing.

• NO! Never, shut it down. Any information posted online can be found and used against you

• If there is an agreement, your ex may be allowed to come to the property one time to remove personal items and tools of trade. Otherwise it depends on the nature of the item; larger assets or things of value should not leave the property.

• No, currently in Florida, no divorce laws specifically take into account domestic violence except in regard to child custody. Florida statute 61.13 is the best interest of the child statute. A judge may decide to take domestic violence into account, but they do not have to

• You should reach out to your attorney immediately. Send an email or leave message if you can’t reach them directly. You may need to call the police, depending on the nature of the occurrence.

• Yes! You may find other survivors in similar situations to talk to, or others who are farther in the process who can provide support

• All property acquired during the marriage.

• Anytime there is a change in income or circumstances

• If you have a domestic violence injunction, there is no reason they need this information. They can contact you through your attorney.
• In general, the abuser will have it though it will depend on the severity of the situation and whether there is a final judgement for a Domestic Violence Injunction

• There are apps that can be court-ordered, permanently record all conversations and show you when either parent reads a message or downloads a photo or document. These include TalkingParents and Our Family Wizard. Ask your attorney or judge about these as they can protect you in communications with your abuser regarding your child.

• In certain circumstances, yes, however, If you have children, there is a good chance they will eventually have that information

• This depends on timing of the move and laws of each state. You may need court permission to move if there are children involved.

• If an issue was resolved, signed, and agreed during mediation, it does not go to trial. If and issue was not agreed or resolved during mediation, it may go to trial

• There is an average range of 1 to 3 years. But there is no typical length of divorce. Some may resolve quickly, others may take years

• It entirely depends on whether you want to hold the violator accountable. If you do, you will need to file a motion to enforce or motion for contempt with the court