Attorney Cheri Hobbs
Super Moderator

There is caselaw that is on point directing the Moving party to dissolve or modify a permanent domestic violence injunction to show that there has been a substantial change in circumstance (i.e., the conditions of the injunction are no longer present). Make sure that there have been no violations of the injunction since the time it was entered or that they (if any) were too remote from the date of hearing/filing Motion to Dissolve/Modify. Make sure to serve by process server/sheriff the opposing

Read More

It seems that Judge Komanski is leaving the family law division and Judge Heather Higbee is going to be taking his place. That will again leave an open Judge slot in the Domestic Violence Division. It is unlikely that the DVI position will remain empty for long considering the timelines that the court must adhere to in domestic violence cases. In the meantime, it seems that the majority of family law cases will move pretty smoothly through the upcoming holidays.

We heard the news and it was confirmed...Judge Kest is moving out of the domestic violence division in Orange County and is assigned to Division 38 effective Monday, October 31, 2011. This is GREAT news for all those cases languishing in Judge Maura Smith's division after her retirement earlier this year. Judge Kest stated to us at the Judge's Assistant Luncheon for OCBA that she will be ready to hear cases immediately upon entering Division 38.

Often people will go to a legal document "specialist" or someone like a paralegal to draft their documents for them. The main problem with doing this through an agency that is not an attorney office is that these people cannot give you legal advice. And when I say "cannot" I mean they are PRECLUDED from doing so. The Florida Bar is very clear about a non-lawyer NOT practicing law. It frustrates me so much when someone is talking to me about what a nonlawyer "advised"

Read More

This weekend was Walt Disney World's 40th anniversary. There was a race (1/2 marathon) on Saturday night that a lot of people attended. I actually babysat for my friend's 2 1/2 year old that night while her father ran in the marathon. Watching a 2 1/2 year old can put quite exciting but also tiresome. Many of our clients have younger children when they retain us for paternity or dissolution proceedings. Try to keep in mind that a child (no matter how young) is acutely aware when there are changes

Read More