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Legal Fees Case for Domestic Violence at Supreme Court

August 31st, 2017 by Mike Vasilinda

The rights of those accused of domestic violence were on trial at the Florida Supreme Court today. A Jacksonville man is seeking several thousand dollars in attorney’s fees from a California woman after her cyber stalking accusations that led to a temporary injunction against him were proven false. Sean Hall and Nicole Lopez knew each other. His attorney, earl Johnson Jr, says while the amount is small, what’s at stake is the right of the falsely accused to be made whole.

“In most instances, these injunctions against stalking and such are used as a shield. But in this case , it was used as a sword. we were able to prove that it was fabricated, fraud upon the court. Perjury upon the court.and we wanted sanctions as attorney fees pursuant to Florida law” says Johnson..

Michael Yokam, the attorney for the woman who sought the domestic violence injunction says a ruling forcing her to pay fees could impact women coming forward in the future.

“It could have a chilling effect. It could create a whole cottage industry of people who will hold themselves out as attorneys for the purpose of seeking attorney’s fees and seeking respondents in these kinds of case” says Yokam.

Earlier this year, lawmakers passed legislation barring the recovery of attorneys fees in Domestic injunctions.  But since the law was not in effect when this case happened, the court could decide either way.

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