Lonker Law Group Blog
Jacksonville DUI, Divorce, Criminal Defense & Personal Injury Lawyer. Your Justice is our job.

Effects of Injunction or Restraining Orders in Florida

by Whitney Lonker 24. June 2014 13:00

So many people use Injunctions For Protection Against Domestic Violence or Repeat Violence for all of the wrong purposes in Jacksonville Divorce or Family Law Courts. Many times, a party will try to use the restraining order, a.k.a. Injunction For Protection Against Domestic Violence, to get one party out of the house or to gain a leg up in a divorce proceeding. However, the legal standard for actually getting the injunction or restraining order granted is that the party filing for the injunction, has to be in "reasonable fear" that he or she is in "imminent danger" of becoming a victim of domestic violence or violence or stalking if the other party is not restrained by the court. The key phrases are "reasonable fear" and "imminent danger." Both of these standards must be shown by testimony in court before an injunction can be granted. Many people do not hire a domestic violence attorney or Jacksonville family law lawyer to fight for or against an injunction in court because they think the injunction has no real consequence and they don't care about being around the other person anyway so why fight it? That is a huge mistake. When an injunction is placed against you, it has federal consequences such as not being able to own or carry any weapons. So, if you are a police officer or in the military or require a weapons permit for your job and an injunction is issued against you, you will not be allowed to carry your gun or weapon even for your job. Many times, people end up losing their jobs over the injunction. Also, if you own guns just to go out with your friends and family for hunting, having an injunction issued against you will stop your ability to enjoy any hunting as you will to be able to possess any weapons even if used for hunting. Please call a Jacksonville injunction attorney or Jacksonville restraining order lawyer or Jacksonville family law lawyer today to help you obtain or fight an injunction.

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Are Field Sobriety Exercises Required By Law?

by Whitney Lonker 23. June 2014 13:00
In Florida if you get pulled over for a DUI or driving under the influence, YOU DO NOT HAVE TO TAKE THE FIELD SOBRIETY TESTS!!! I repeat: You DO NOT have to take the field sobriety tests that the police will ask you to take. There is no law in Florida that requires any person to take the field tests. However, the police try to trick you into thinking you have to take them usually by telling you about the signature you signed on your driver's license. That signature has nothing to do with taking the field sobriety exercises. That signature has to do with the implied consent law, which requires you to take any breath, urine or blood test, as required by law. It has ABSOLUTELY ZERO do with the field tests that entail walking the straight line, touching your finger to the tip of your nose, saying the alphabet, performing the walk and turn and so on. So, if you get pulled over for DUI, DO NOT TAKE THE FIELD SOBRIETY TESTS. Politely advise that you are not required to take them by law and respectfully decline to do so. If you are being asked by an officer to take the field sobriety tests, you most likely are going to jail anyway so why give the police more evidence to convict you? Say no. You don't have to take them. As far as the breath test goes, you can refuse that too, but the Department of Motor Vehicles will suspend your license for 12 months. However, your Jacksonville DUI lawyer can request a formal review hearing and attempt to get this 12 month suspension invalidated for you. If that is unsuccessful, then you can get a hardship license to drive to school, work, church, the grocery store or any other necessary locations. It is far better to refuse the field tests than to give the State of Florida concrete evidence against you. A DUI charge is the last opinion crime charge out there in my assessment. If you don't take the field tests since you're not required to, and you don't take the breath test, you give the State nothing but the officer's opinion in court. Opinions are not hard evidence and can be argued against all day long. Just remember, if you get pulled for driving under the influence (DUI), don't take the field tests and tell the police that you wish to cooperate but that you would like your attorney present. That's all. Keep repeating that as the police will continue to harass you into doing what they want you to do, but you just need to keep saying, "I wish to cooperate, but I want to have my attorney present when I do."
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How Long Does It Take To Get A Divorce In Florida?

by Whitney Lonker 22. June 2014 13:00
As a Jacksonville divorce lawyer, many of my clients' main question entails, "how long will it take to get me fully divorced?" The answer to that question is usually, "it depends." Many factors go into divorce in Florida, and those factors will help to determine the length each case may take. A simple divorce in Florida with no children, no property, no marital home, no assets, no liabilities, no anything can be accomplished in about one month if each party is in agreement. The other scenarios take much longer. A divorce in Florida with children could take anywhere from six months to two years, depending on if the case is going to be fully contested and an all out battle is going to ensue. The best advice on how long it will take you to get divorced in Florida is to contact a Florida divorce lawyer for a consultation. We can get a better understanding of the complexities of the issues in the case and let you know then what the time frame for your case may be. Please call us at 904-868-LONKER (5665), Florida divorce lawyers, to consult about your possible case and to answer any question you may have including the length of the divorce process.
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