Other Areas of Chris Rabby Law Practice, Related Cases, and Collateral Issues
There are a great many legal issues that can arise directly and indirectly from an arrest or criminal prosecution. We believe that a client can benefit from having an attorney that knows the facts of each case, how to use them in the others, as well as how each matter relates to the others.
Chris Rabby can assist you with an Injunction, Divorce, Paternity and/or Dependency Case.
Injunction lawyer Chris Rabby has experience in Florida Domestic Violence Injunctions, Repeat Violence Injunctions, Sexual Violence Injunctions, and Dating Violence Injunctions. An injunction can remove you from your own home and restrict you from seeing your children. These injunctions do not have to be proven beyond a reasonable doubt, but can permanently restrict ownership and possession of firearms. The hearings are scheduled within two weeks of the injunction being issued. Many times, this is a process that is abused by a person seeking a quick advantage in a divorce or separation.
Any violation or alleged violation of an injunction may result in a warrant being issued for the person’s arrest without bond.
This means the person will remain incarcerated until they appear before a judge and maybe during the duration of the case.
A violation of an injunction can be charged as a first degree misdemeanor (up to a year in jail) or as contempt of a court order (up to 180 days in jail).
Divorce/Dissolution of Marriage:
Pensacola divorce lawyer Christopher L. Rabby represents individuals in dissolving the legal relationship of marriage. Many times separation and divorce happen along with criminal charges, allegations of domestic violence, and/or a domestic violence injunction and that is where Chris comes in. Each case changes what can happen in the other(s) and one lawyer may be better suited to handle all matters. Chris Rabby represents people with these interrelated cases and has done so since he left the Pensacola Office of the Public Defender in 1995.
A divorce is a lawsuit to dissolve a legal relationship.
A divorce proceeding in Florida requires:
A legal marriage (Florida does not recognize “common law” marriages),
Residence in the state of Florida for 6 months prior to filing a petition, and
A statement under oath that the marriage is irretrievably broken
Florida is a “no fault” divorce state, so adultery and incompatibility are generally not an issue.
The Court will make a determination of where the child/children reside and how much time they spend with each parent and is based upon many
factors, if the parties cannot come to an agreement through lawyers or mediation. The ultimate decision of the Court is based upon what is
in the best interests of the child(ren).
Child support is based upon the incomes of the parties and the amount of time each parent spends with the child/children.
The amount of support varies on a case-by-case basis.
Spousal Support is based upon-
the length of the marriage,
the contributions of the parties to the marriage,
the needs of the person for support, and
the ability of the other party to pay support.
Marital Property, Assets and Debts:
The Court will equitably (fairly) divide the property, assets and debts of the parties that are incurred during the course of
the legal relationship of marriage.
A Dependency case is when the State of Florida, through the Department of Children and Family Services, tries to have a child declared abused, abandoned, neglected, or subject to potential abuse or neglect. These cases can be brought at the same time or independently from a divorce, paternity, injunction or criminal case. The rulings in a Dependency case have control over what happens with the child/children in the other cases.
There is a specific proceeding for these cases to safeguard the rights of children and parents. Should the state be successful, they dictate where the children reside, who may have contact with them and under what circumstances.
Ultimately the State can terminate a person’s parental rights to their child through a termination proceeding.
A Paternity case is a lawsuit to legally determine the father of a child that is born to an unmarried woman. Pensacola Paternity lawyer Chris Rabby has handled many of these cases. They are also sometimes brought on at the same time as injunction and/or criminal cases. These cases require the Court to make a determination of where the child resides and how much time they spend with each parent and is based upon many factors, if the parties cannot come to an agreement through lawyers or mediation. The ultimate decision of the Court is based upon what is in the best interests of the child(ren). Child support is based upon the incomes of the parties and the amount of time each parent spends with the child/children. It varies on a case-by-case basis.
An unwed mother has sole primary care and custody of the child, and the father has no legal rights at all,
until they are established in court. – Florida statute §744.301
Title IV Paternity:
Some cases are brought by the State of Florida Department of Revenue, Child Support Enforcement Division, in Title-IV cases. These are mostly cases where a party has sought governmental assistance for food/food stamps, medical coverage (Medicaid), and or public housing assistance.
These cases do not address child custody, also known as parenting time, contact-time and/or time-sharing. A separate case must be filed.
Contact an established and successful litigation law firm.
To schedule an appointment with a seasoned attorney from the office of Christopher L. Rabby, P.A., call 850-437-9410 or contact the firm online. Our firm is conveniently located in Pensacola and represents clients throughout Florida, particularly in North Florida.