What is defamation? Libel? Slander?

hello everybody out there in social media land is your personal injury attorney Derek Bernstein here again for another legal blast today I want to talk to you about a question I got from one of my viewers which asked me to talk about defamation so defamation comes in two forms first is libel which is written form the second is slander which is verbal form but I want to focus on defamation and libel form because we’re all in the Instagram LinkedIn Facebook watching me do this and that’s where people leave comments and make comments on other people’s pages so defamation by definition is publishing a false statement sort of published you have to actually be seen by a third person so if you put it on Facebook that’s publishing your statement has to be false about a person and the falsity of the statement caused injury to the plaintiff so first we look at it did you publish it yes you put something on Facebook was it about the person who’s suing you yes your friend from down the block you wrote some nasty stuff it wants to a third person yep because it’s for Facebook to see so you did publish it and then the falsity of the statement did it cause injury to the plaintiff that person lost their job a person reputation the community is now bad everybody thinks badly of that person but remember the best defense to a defamation libel slander suit is the truth so if you’re out there and you said that your friend was a terrible mother or she was drinking behind the wheel with her kids in the car and that’s why she lost a license or lost her job and they suit you and you pull up the priest report that shows that that person blew over the legal limit and was tried by jury their peers well guess what you’re not going to have to pay that person but I remind you that when you do get sued by somebody even if you do have the truth on your side it is good to get an attorney who knows the laws that can defend you against such and it is a frivolous lawsuit there’s ways that you could possibly have the other side and have to pay your attorney’s fees but that gets into a different post so keep your questions coming hope this answers your question out there.

Can I be on the hook for a lease or loan I signed with an ex?

Hello everybody out there in social media Land. it’s your personal injury attorney Derek Bernstein here for again for another legal blast inside the Hoover County Courthouse in downtown Tampa I want to talk to you about an issue that I’ve been getting asked a lot and that is about breaking contracts when two people are on the contract so what that is called essentially is joint and several liability but it really should be called joint and separate liability because you sign a contract with somebody else you can be held 100% responsible for the contract if you sign even though you have another person on there so even though you feel like hey me and my boyfriend broke or at least we should be 50% responsible it’s not how it work you could be a 100 percent responsible so when you are signing leases your signing is are those when you’re doing any form of contract with somebody and two people are signing you need to make sure that you really trust that verse because if it is broken you can be held on 20% alive so it’s your personal injury attorneys Derek Bernstein here inside the courthouse asking for some more of those legal questions so I can help you out

Can I get a filing fee waiver to file a lawsuit or divorce?

hello everybody out there in social media Land it’s your personal injury attorney Derek Bernstein seen here leaving the courthouse in downtown Tampa I want to talk to you today about those who are having some financial hard times can’t afford an attorney vicinity to file things like a dissolution of marriage petition there is help out there in the form of an application for indigent status when you’re filing your petition for dissolution what they do they look at your dependents they look how much money you have in the bank how much income you’re bringing in and if you are determined to the indigent and they leave your filing fee it’s definitely $25 but it’s much cheaper to file the papers then without that status so if you are hard up you’re not making a lot of money you have some two kids you still need to file a dissolution go down to the courthouse when you’re ready to file everything ask for that application for indigent status and if you get accepted by the clerk you can get your B wave so it’s your personal injury attorney Derek Bernstein here try to help out everybody on the scorer’s day go do it

Can I move out of state without my ex’s permission?

Hello everybody out there in social media Land. it’s your personal injury attorney Derek Bernstein here two parts of legal knowledge on you in this beautiful day in St. Petersburg working out of my home office and I love being able to work out of my own home so I want to talk to you today about a family law issue that’s been coming up recently and it is relocating with minor children so if you are marrying or thinking of leaving and getting a divorce or if you have a parenting plan with somebody in your thinking hey Florida is just not cutting it for me I hate beautiful weather and beautiful beaches in St. Petersburg I want to go to move to Vermont and eat maple syrup all year you can’t just pick up and take your children and go so what you need to do is you need to file a petition with the court where you had your disillusion or where you have your parenting plan or the county and where you live and your children live for the last six months and ask the court for permission for you to take those children with you and move and the court will take into factors things like if you have grandparents that are involved in the children’s lives and they’re going to be there and see them a lot more if you have sisters and brothers there it has a lot to do with family and what’s in the best interest of the child so the courts normally do not want to just permit you to just pick up your child’s life and move I know for a lot of people in the military you know if you if you your ex was in the military now you’re newly married your persons in the Navy’s in the army she’s in the army she’s in the air force whatever it may be and they get stationed somewhere different you know courts will give a lot of deference to that because of the job that they’re doing so you know there’s a lot of factors there that um the judge looks at it is a judge who decides and they think of a child’s best interest so if the child’s going to have a much better life where you’re planning to go then there’s a theirs to be a likelihood that they could grant it on the other side if you’re trying to defend against somebody taking our children and moving out of state know that they can’t just get up and leave and violate their parenting plan it’s not criminal it is civil and you would have to file a motion for sanctions and return of Mainly minor children bad thing is it can be very traumatic for children to be uprooted and moved around so it is very complicated there’s a lot of emotion and I recommend everybody have an experienced family law attorney to help them so it’s your personal injury attorney Derek Bernstein who also does family law giving you some legal knowledge and if you need help you don’t have the funds to get an attorney there’s a lot of forms online and give you some tips and tricks to get you get you rolling you want to take edit alone so have a good day guys and enjoy the weekend

What is the punishment for not paying child support in Florida?

Hello everybody out there in social media land. It’s your personal injury attorney Derek Bernstein here to answer a family law question and that is if you have had an order by the Department of Revenue to pay child support what you need to do is obviously pay that child support what happens if you don’t pay the child support well it’s a long process but what you’re going to find the quickest thing they do is they will suspend your driver’s license so it’s really hard to go out there and live a life especially in the state of Florida when you have no driver’s license so the second thing they’ll do is they will basically take your ability to have a passport and skip town and then thirdly they will file what’s called a motion for contempt where you will have to come in front of the judge and explain why you’re not paying this child support so if your explanation is bad the judge might send you to jail if you don’t show up to the hearing the judge will order what’s called a capias basically a warrant out for your arrest they’ll pick you up and they’ll set a purge amount in the amount that you must pay to get out of jail so the courts do not play around with the Department of Revenue does take a long time to do these sorts of things but eventually they do get around to enforcing these things so if you have a private case though in with a cork right there with a court with a private case with an attorney and somebody’s not paying your child support what you want to do is you want to reach out to your attorney and tell them hey they’re not paying child support what they need to then do is sell a motion for contempt and enforcement bringing it from the judge and the judge will sit that person down and tell them that they are in violation of this order they will order them to pay obviously if the person is really hard on their luck and they can’t do some things they will explain to it but you want to get in front the judge as soon as it happens to make sure that they can take an accurate reading of what’s going on in the case and so that your children have the proper monies to be taken care of so it’s very important the benefit of child support is actually owned by the children not the parent so you want to make sure that your kids are doing good and you’re spending that money on your children if you have somebody who’s not paying child support and you want to enforce that reach out to a good family law attorney family law attorney to handle that so this is Derek Bernstein here on a beautiful day in St. Petersburg telling you guys to pay your child support or you might end up in jail have it going

Is mandatory disclosure really required?

Hello everybody out there in social media land. its personal injury attorney tech person here leaving the courthouse getting back in my car after a family law matter in downtown Tampa I wanted to go over to today a question I get all the time and that’s do I need to turn in all those papers that the court requires and I’m here to tell you that you sure Do that’s called mandatory disclosure for a reason it is mandatory in all family court proceedings so the court requires you to do so do not be the person who has to get hauled into court pay their attorney time to drive to prep to go to sit for you them to tell you to turn in the things they already told you have to do so when you are filing for divorce or you were saying serve the papers make sure you ask your attorney that list of mandatory disclosures that you need to start getting and then compile them quickly get them back to your attorney so they can file them in a case and you don’t have to come to court and explain to the court why you couldn’t get them pay stubs or bank statements or things about where your kids are living and things of that nature so don’t be a fool and pay extra attorney’s fees get your mandatory disclosures in and as soon as possible so it’s a personal injury attorney Derek Bernstein in here leaving the courthouse in downtown Tampa giving you some good family law legal advice.