HomeMy WebLinkAbout96-01040
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DENA LENGEL
Petitioner,
IN THE CIRCUIT COURT, SEVENTH
JUDICIAL CIRCUIT, IN AND FOR
VOLUSIA COUNTY, FLORIDA
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FAMILY LAW DIVISION \ ('\., '''''',.1
CASE NO. 95-32607.,.i'JIIQ!J \~"" \':\
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NEIL R, LENGF.L
Re.pondent.
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INJUNCrIC.. ;'OR ?RO'l'~CTIvN ''"'::\'' ,~- " \
DOMESTIC VIOLENCE. SEC. 741.3~1 -.\
This cause came on for further hearing on this date, afte~
notice, on the Petition for Injunction for protection. Petitioner
was present. Re.pondent ()wa. () wa. not pre.ent. Being
advised in the premises, the Court finds:
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A. Petitioner reaffirmed under oath the allegations of
Petitioner's sworn petition.
B. The provisions of Section 741.30, Florida Statutes, as
amended, apply here, and the Court finds that an immediate and
present danger of domestic violence exists and that irreparable
harm and injury will probably o.~cur in the form of violence to
Petitioner, or persons lawfully with Petitioner, unless this
injunction is made permanent.
C. (If initialled bv Judae) The likelihood of violence
sought to be avoided is increased unless Respondent is ordered to
and does remain away from the marital residence and does not return
under any circumstances, and it is therefore
ORDERED AND ADJUDG&D that Petitioner and Respondent carefully
read and bo familiar with all tGrmB of this injunction and that:
1. NEITHER PARTY TO THIS ACTION SHALL COMMIT AN ASSAULT,
BATTERY, SEXUAL ASSAULT, SEXUAL BATTERY OR OTHER CRIMINAL OFFENSE
RESULTING IN PHYSICAL INJURY UPON THE OTHER PARTY.
2. Nei ther party shall el'.gage in any verbal or ,physical
conduct likely to provoke the oth~r party into a violation of, this
Order nor shall either party interfere in any way with the law
enforcement officer who is serving or enforcing the terms of this
Order.
CL-~179-9203
~USIVI USE OF RISIDENCE:
3. (Effective it ini tiaUed bv Judae) Respondent 1s
or erad to leave immediately and remain away from the dwelling that
the parties formerly shared, or if the parties do not now share a
dwelling, then from the residence of Petitioner until further order
of thia Court. If Petitioner requests assistance of a law
enforcement agency, thia Court directs that an officer shall
accompanyand ass1st Petitioner in regaining posaession of the
dwelling, and stand by, for a period not to exceed 30 minutes,
while Respondent removes clothing and personal health and hygiene
items. Thereafter Respondent shall not return to Petitioner's
residence, even if invited, unless specifically authorized by Court
Order, nor shall Respondent return to Petitioner's place of
employment nor Shall Respondent telephone Petitioner. Both parties
are further crd~red llvt tv ha4Q~a, ~hr6aten, shadow or intimidate
each other, the minor child(ren) of the parties or anyone lawfully
in the company of either party, or anyone at the place of
employment of either party, directly or indirectly. The part:y
occupying the former marital residence shall not remove any
furnishings or other property from the residence nor otherwise
dispose of it without Court Order.
CHILD CUSTODY:
4. (Effective it initialled by Judae) Temporary custody
of the following minor child(ren) of the parties is placed
wit h Pet i t ion e r IRe s p 0 n den t :
.
VISITATION:
5. Petitioner/Respondent may exercise reasonable
visitation with the minor child(ren) as agreed upon until further
Order. If reasonable visitation cannot be established, a written
Motion to Set Visitation may be tiled and will be heard by the
Court upon Notice and Hearing.
NO CHILD SHALL BE REMOVED FROM THE STATE OF FLORIDA. REMOVAL
OF A CHILD, UNLESS AUTHORIZED BY COURT ORDER, MAY RESULT IN
FELONY PROSECUTION PURSUANT TO SECTION 787.03, FLORIDA
STATt11'J:S.
CHILD SUPPORT:
6. IEffective if initialled by Judael The Petit~oner
Iftespondent shall pay the sum of $ per (week) (month)
per child, tor a total ot $ for the temporary
support ot the child(ren) to begin on ,
19____. Each paycent shall include the statutory 4' fee (however,
not less than $1.25 or more than $5.25) per payment. The tee is
$ per payment. Each payment shall be made payable to the