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Injunctions

Wage Garnishment

222.11, Exemption of Wages from Garnishment

(1) As used in this section, the term:

(a) “Earnings” includes compensation paid or payable, in money of a sum certain, for personal services or labor whether denominated as wages, salary, commission, or bonus.

(b) “Disposable earnings” means that part of the earnings of any head of family remaining after the deduction from those earnings of any amounts required by law to be withheld

(c) “Head of family” includes any natural person who is providing more than one-half of the support for a child or other dependent.

(2)(a) All of the disposable earnings of a head of family whose disposable earnings are less than or equal to $500 a week are exempt from attachment or garnishment.

(b) Disposable earnings of a head of a family, which are greater than $500 a week, may not be attached or garnished unless such person has agreed otherwise in writing.   In no event shall the amount attached or garnished exceed the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673.

(c) Disposable earnings of a person other than a head of family may not be attached or garnished in excess of the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673.

(3) Earnings that are exempt under subsection (2) and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings. Commingling of earnings with other funds does not by itself defeat the ability of a head of family to trace earnings.

 

222.14. Exemption of cash surrender value of life insurance policies and annuity contracts from legal process

The cash surrender values of life insurance policies issued upon the lives of citizens or residents of the state and the proceeds of annuity contracts issued to citizens or residents of the state, upon whatever form, shall not in any case be liable to attachment, garnishment or legal process in favor of any creditor of the person whose life is so insured or of any creditor of the person who is the beneficiary of such annuity contract, unless the insurance policy or annuity contract was effected for the benefit of such creditor.

222.25 Other individual property of natural persons exempt from legal process.The following property is exempt from attachment, garnishment, or other legal process:

(1)A debtor’s interest, not to exceed $1,000 in value, in a single motor vehicle as defined in s. 320.01.

(2)A debtor’s interest in any professionally prescribed health aids for the debtor or a dependent of the debtor.

(3)A debtor’s interest in a refund or a credit received or to be received, or the traceable deposits in a financial institution of a debtor’s interest in a refund or credit, pursuant to s. 32 of the Internal Revenue Code of 1986, as amended. This exemption does not apply to a debt owed for child support or spousal support. (4)A debtor’s interest in personal property, not to exceed $4,000, if the debtor does not claim or receive the benefits of a homestead exemption under s. 4, Art. X of the State Constitution. This exemption does not apply to a debt owed for child support or spousal support.

 

222.18 Exempting disability income benefits from legal processes.

Disability income benefits under any policy or contract of life, health, accident, or other insurance of whatever form, shall not in any case be liable to attachment, garnishment, or legal process in the state, in favor of any creditor or creditors of the recipient of such disability income benefits, unless such policy or contract of insurance was effected for the benefit of such creditor or creditors.

 

Dating Violence

CHAPTER 784. ASSAULT;  BATTERY;  CULPABLE NEGLIGENCE

784.046. Action by victim of repeat violence, sexual violence, or dating violence for protective injunction;  powers and duties of court and clerk of court;  filing and form of petition;  notice and hearing;  temporary injunction;  issuance;  statewide verification system;  enforcement

 

 

(1) As used in this section, the term:

 

(d) “Dating violence” means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.  The existence of such a relationship shall be determined based on the consideration of the following factors:

 

 

1. A dating relationship must have existed within the past 6 months;

 

2. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties;  and

 

 

3. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.

 

 

The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.

 

Repeat Violence

CHAPTER 784. ASSAULT;  BATTERY;  CULPABLE NEGLIGENCE

784.046. Action by victim of repeat violence, sexual violence, or dating violence for protective injunction;  powers and duties of court and clerk of court;  filing and form of petition;  notice and hearing;  temporary injunction;  issuance;  statewide verification system;  enforcement

 

 

(1) As used in this section, the term:

 

 

(a) “Violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.

 

 

(b) “Repeat violence” means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.

 

Domestic Violence Injunctions

Whether you are the person seeking Court protection from domestic violence or the party being accused of committing acts of repeat violence,  sexual violence, or dating violence, you’ll need an attorney with my experience and skill to make sure to draw out your side of the story.

What is domestic violence?

Florida law defines “Domestic violence” as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit.”

Family or household member

“Family or household member” means

  • spouses
  • former spouses
  • persons related by blood or marriage
  • persons who are presently residing together as if a family or who have resided together in the past as if a family
  • persons who have a child in common regardless of whether they have been married or have resided together at any time.
“If I marry the victim, may the State use her or him as a victim against me in a domestic violence-related case?”  Yes.  Click here for why.

Injunctive Relief

A person can file an injunction to prevent a nuisance.

 

386.041 Nuisances injurious to health.

(1) The following conditions existing, permitted, maintained, kept, or caused by any individual, municipal organization, or corporation, governmental or private, shall constitute prima facie evidence of maintaining a nuisance injurious to health: (a) Untreated or improperly treated human waste, garbage, offal, dead animals, or dangerous waste materials from manufacturing processes harmful to human or animal life and air pollutants, gases, and noisome odors which are harmful to human or animal life. (b) Improperly built or maintained septic tanks, water closets, or privies. (c) The keeping of diseased animals dangerous to human health. (d) Unclean or filthy places where animals are slaughtered. (e) The creation, maintenance, or causing of any condition capable of breeding flies, mosquitoes, or other arthropods capable of transmitting diseases, directly or indirectly to humans. (f) Any other condition determined to be a sanitary nuisance as defined in s. 386.01. (2) The Department of Health, its agents and deputies, or local health authorities are authorized to investigate any condition or alleged nuisance in any city, town, or place within the state, and if such condition is determined to constitute a sanitary nuisance, they may take such action to abate the said nuisance condition in accordance with the provisions of this chapter.

 

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