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Filing # 105216305 E-Filed 03/20/2020 12:37:15 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
STATE OF FLORIDA, CASE NO: 2019-CF-003738-OS-A
Plaintiff,
vs.
CHRISTOPHER OTERO-RIVERA,
Defendant.
/
STATE OF FLORIDA’S REQUEST TO TAKE JUDICIAL NOTICE
Comes now the State of Florida, by and through its undersigned assigned State
Attorney, and pursuant to Florida Statutes 90.202(6) and 90.203, moves this Court to take
judicial notice of the following documents found in the court records of the Ninth Judicial
Circuit.
Case number 2018-DR-4250:
Petition for Injunction for Protection, as redacted and attached as Exhibit 1.
Final Injunction for Protection against Domestic Violence, attached as Exhibit 2.
Certification of Accuracy of audio recorded final hearing on Injunction, attached as
Exhibit 3.
Audio CD Audio recording of Injunction hearing 10/16/2018; previously provided to
counsel for the Defendant.
Transcript of the audio recording set forth above, attached as Exhibit 4.
Respectfully submitted this 16th day of March, 2020.
/s
Brad KingCertificate of Service
I HEREBY CERTIFY that a true copy of the foregoing has been delivered by
electronic Mail to: Migdalia Perez, 517 Bryan St, Kissimmee, FL 34741, Kimberly Lasure, 517
Bryan St, Kissimmee, FL 34741, electronic service this 16" day of March, 2020.
/s
Brad King
State Attorney
Fla. Bar #341045
Office of the State Attorney
110 NW 1* Avenue, Suite 5000
Ocala, Fl 34471
Telephone: (352) 671-5914IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR OSCEOLA COUNTY, "te
Case No.: Y DV
Division: DOMESTIC
NICOLE YVONNE MONTALVO
Petitioner,
and
Hd S- 190 8b
CHRISTOPHER OTERO-RIVERA
Respondent,
PETITION FOR INJUNCTION FOR PROTECTION
AGAINST DOMESTIC VIOLENCE
|, {full legal name}. NICOLE YVONNE MONTALVO , being sworn, certify that the
following statements are true:
le
SECTIONI. PETITIONER
(This section is about you. It must be completed. However, if you fear that disclosing your address to
the respondent would put you in danger, you should complete and file a Request for Confidential Filing
of Address, Florida Supreme Court Approved Family Law Form 12.980(h), and write confidential in the
space provided on this form for your address and telephone number.)
1. Petitioner's current address is: {street address} 1576 CYPRESS WOOD CIR.
{city, state and zip code} ST.CLOUD, FL 34772
Telephone Number: farea code and number} 321.805.0036
Physical description of Petitioner: HGT:__5'4_ WGT: 124 HAIR: BRN EYES: BRN
Race: _W_ Sex: Male, Female Date of Birth:, 08.21.1986
2. Petitioner's attorney's name, address, and telephone number Is:
NONE
(If you do not have an attorney, write none.)
SECTION Il. RESPONDENT
(This section is about the person you want to be protected from. It must becompleted.)
1. Respondent's current address Is: {street address, city, state, and zip code}
FRIENDLY MOTEL, KISSIMMEE, FL 34741
Respondent's Driver's License number Is: {if known}. UNKNOWN
Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection
Against Domestic Violence (11/15)
EXHIBIT 12, Respondent is: {Indicate all that apply}
a. C1 the spouse of Petitioner. Date of Marriage: _
b. the former spouse of Petitioner.
Date of Marriage: _
Date of Dissolution of Marriage: __
c o related by blood or marriage to Petitioner.
Specify relationship:
d. ‘a person who Is or was living in one home with Petitioner, as if a family.
e. wl a person with whom Petitioner has a child in common, even if Petitioner and
Respondent never were married or living together.
3. Petitioner has known Respondent since {date}
4, Respondent's last known place of employment: 14 YEARS
Employment address: TOP LAWN CARE-HUNTERS CREEK
Working hours: M-F
5. Physical description of Respondent:
Race: if sex: Male] Female_CJ_ pate of pirth: 12.19.1987
Height:__6'0__ Weight;_190__ Eye Color;_BRN_ Hair Color: BRN
Distinguishing marks or scars: N/A
Vehicle: (make/model). F150 Color: MAROGag Number: JWPM64
6. Other names Respondent goes by (aliases or nicknames):
7. Respondent's attorney's name, address, and telephone number Is:
UNKNOWN
(If you do not know whether Respondent has an attorney, write unknown. tf Respondent does
not have an attorney, write none.)Below is a brief description of the latest act of violence or threat of violence that causes
Petitioner to honestly fear imminent domestic violence by Respondent.
(Use additional sheets if necessary.)On {date} Jo}3) 1S, at location}
Respondent:
Awe A WAL AoW ings > Oa Op Cr 10)
NOM We. CinVve op Ah OOM Ar aN
aeosyt Yun mat Wen mart yor Myon Ly
re. WOOL. Fi) wr Gpon ja Ok desk 1
OAS Cae CONIA OO OY
DU WOO OfO, Wont Wry he Jets Wy to Gur oy
Anis of ands cour wn one, He Foxe. WM) Yous
WS Crow. & B EK ng Belrinx Or
COD “Sot ark Ge Se OG ONO comer wy acl
0
ak& CO ON COREA OL[
Slatement Conte VS PU
Owe pyaar wo 1a Waxie Wada tents \o. Sov
AN =O) One ON DI WWI? pe (Move. ora aa Yuk to
Jate 0. 08, OC. Sove wr ray MIM Of yo But Wo
Yo, Shopyeh Shen dais \wt oy See On yon \ une alot.
Wee ome _v Wehird me aad pa 08m tong work
GOO. MOL. Ord AWHA rm WE Jo wie (Cox We wd
Ang, 20 HOLY | W008 olde, AD AWE Ook MA MO
Od Ste Pam Warn while 106 on aout)
Awe San COwdS 2 ervey 5 vSak con pot oe pm att
(nas oalnel ww 24 (ir. Yosh V0.0 Sicoe. “Toth Ounach conip,
Ap Lin OF V60id Gaines olodk yieak Mead,
We ad ow dian Wm Ap ops Paki 3p WO Cored
(tio wen Ve ved muy nslank Coco ron ‘ib on ota tint
Woke, whore he \sdajns, en \dwe Yow ond yore
ANOS CONG Yy_CoBk pre OM) nok Wow owe Above til oes
Come, Aral die, Sorect cpuhor cups Came ancl pLec.
Wb _neightss yor nel oankecl we cack Yoo. Cots
Ouse them...
~~ PLEASE DO NOT WRITE BELOW THIS LINE OR ON THE BACK OF THIS PAGE
Lhave been provided with the criteria to file for this Injunction
Please sign & date:1. Petitioner claims the following about the home that Petitioner and Respondent share or that
Petitioner left because of domestic violence:
{indicate all that apply}
a._/ __ Petitioner needs the exclusive use and possession of the home that the parties share at
{street address} N/A
{city, state, zip code} _,.
b. Oo Petitioner cannot get another safe place to live because:
N/A
«_O if kept out of the home, Respondent has the money to get other housing or may live
without money at {street address}. N/A
{city, state, zip code}
2. The home is:
{Choose one only)
a _ Downed or rented by Petitioner and Respondent Jointly.
b. _Oootey owned or rented by Petitioner.
c _Osotey owned or rented by Respondent.
SECTION V. TEMPORARY PARENTING PLAN WITH TEMPORARY TIME-SHARING SCHEDULE FOR MINOR
CHILD(REN) (Complete this section only if you are asking the court to provide a temporary parenting plan,
including a temporary time-sharing schedule with regard to, the minor child or children of the parties
which might involve prohibiting or limiting time-sharing or requiring that it be supervised by a third party.
You must be the natural parent, adoptive parent, or guardian by court order of the minor child(ren). If
you are asking the court to provide a temporary parenting plan, including a temporary time-sharing
schedule with regard to, the minor child or children of the parties which might Involve prohibiting or
limiting time-sharing or requiring that It be supervised by a third party, you must also complete and file a
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court
Approved Family Law Form 12.902(d).)
Note: If the paternity of the minor child(ren) listed below has not been established through either
mariage or court order, the Court may deny a request to provide a temporary parenting plan, including
a temporary time-sharing schedule with regard to, the minor child or children, and/or a_request for
Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection
Against Domestic Violence (11/15)child support.
1. Petitioner is the natural parent, adoptive parent, or guardian by court order of the minor
child(ren) whose name(s) and age(s) is (are) listed below.
Name Birth date
2. The minor child(ren) for whom Petitioner is asking the court to provide a temporary parenting
plan, including a temporary time-sharing schedule with regard to:
{Choose one only}
a., saw the domestic violence described in this petition happen.
b. were at the place where the domestic violence happened but did not see it.
c were not there when the domestic violence happened this time but have seen
previous acts of domestic violence by Respondent.
d. _[71_ have not witnessed domestic violence by Respondent.
3. Name any other minor child(ren) who were there when the domestic violence happened.
Include child(ren)’s name, age, and parents’ names.
N/A
4, Temporary Parenting Pian and Temporary Time-Sharing Schedule
fl ali that apply)
a._LJ_ Petitioner requests that the Court provide a temporary parenting plan, including a
temporary time sharing schedule with regard to, the minor child or children of the parties, as
follows: TO BE DISCUSSED AT HEARING
b.. O Petitioner requests that the Court order supervised exchange of the minor child(ren) or
exchange through a responsible person designated by the Court. The following person is
suggested as a responsible person for purposes of such exchange. {Explain}:
TO BE DISCUSSED AT HEARING
Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection
Against Domestic Violence (11/15)G oO Petitioner requests that the Court limit time-sharing by Respondent with the minor
child(ren). {Explain}:
TO BE DISCUSSED AT HEARING
da. _O Petitioner requests that the Court prohibit time-sharing by Respondent with the minor
child(ren) because Petitioner genuinely fears that Respondent imminently will abuse, remove, or
hide the minor chitd(ren) from Petitioner. {Explain}:
TO BE DISCUSSED AT HEARING
e. _O petitioner requests that the Court allow only supervised time-sharing by Respondent
with the minor child(ren). . {Explain}:
TO BE DISCUSSED AT HEARING
Supervision should be provided by a Family Visitation Center, or other
(specify): TO BE DISCUSSED AT HEARING
SECTION VI. TEMPORARY SUPPORT (Complete this section only if you are seeking financial support
from the Respondent. You must also complete and file a Family Law Financlal Affidavit, Florida Family
Law Rules of Procedure Form 12.902(b) or (c), and Notice of Social Security Number, Florida Supreme
Court Approved Family Law Form 12.902(j), if you are seeking child support. A Child Support Guidelines
Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), must be filed with the court at or prior
to a hearing to establish or modify child support)
{indicate all thatapply)}
1, Oo Petitioner clalms a need for the money he or she is asking the Court to make
Respondent pay, and that Respondent has the ability to pay that money.
2. _oO Petitioner requests that the Court order Respondent to pay the following temporary
alimony to Petitioner. (Petitioner must be married to Respondent to ask for temporary
alimony.) Temporary Alimony Requested$__N/A__ every: week other
week month.
3. oO Petitioner requests that the Court order Respondent to pay the following temporary
child support to Petitioner. (The Respondent must be the natural parent, adoptive parent, or
guardian by court order of the minor child(ren) for the court to order the Respondent to pay
child support.)Temporary child support is requested in the amount of $ N/A every:
week_____ other week. month.
Florida Supreme Court Approved Family Law Form 12.980{a), Petition for injunction for Protection
Against Domestic Violence (11/15)SECTION Vil. INJUNCTION (This section summarizes what you are asking the Court to include in the
injunction. This section must be completed.)
1. Petitioner asks the Court to enter a TEMPORARY INJUNCTION for protection against domestic
violence that will be in place from now until the scheduled hearing in this matter.
2. Petitioner asks the Court to enter, after a hearing has been held on this petition, a final judgment
on injunction prohibiting Respondent from committing any acts of domestic violence against
Petitioner and:
a. prohibiting Respondent from going to or within 500 feet of any place the Petitioner lives;
b. prohibiting Respondent from going to or within 500 feet of the Petitioner's place(s) of
employment or school; the address _—of Petitioner’s place(s) of employment or
school is:
¢. prohibiting Respondent from contacting Petitioner by mail, by telephone, through another
person, or in any other manner;
d. prohibiting Respondent from knowingly and intentionally going to or within 100 feet of
Petitioner's motor vehicle.
e. prohibiting Respondent from defacing or destroying Petitioner's personal property.
{indicate all that apply}
f. [lL prohibiting Respondent from going to or within 500 feet of the following place(s)
Petitioner or Petitioner's minor child(ren) must go often {include address}:
aA
g Oo granting Petitioner temporary exclusive use and possession of the home Petitioner and
Respondent share;
h. YW granting Petitioner on a temporary basis 100% of the time sharing with the parties’
minor child(ren);
i. oO establishing a temporary parenting plan including a temporary time-sharing schedule
for the parties’ minor child(ren);
i oO granting temporary alimony for Petitioner;
k QO granting temporary child support for the minor child(ren);
Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection
Against Domestic Violence (11/15)L oO ordering Respondent to participate in treatment, intervention, and/or counseling
services;
m. Oo referring Petitioner to a certified domestic violence center; and any other terms the
Court deems necessary for the protection of Petitioner and/or Petitioner's child(ren), including
injunctions or directives to law enforcement agencies, as provided in Section 741.30, Florida
Statutes.
1 UNDERSTAND THAT BY FILING THIS PETITION, | AM ASKING THE COURT TO HOLD A HEARING ON THIS
PETITION, THAT BOTH RESPONDENT AND | WILL BE NOTIFIED OF THE HEARING, AND THAT | MUST
APPEAR AT THE HEARING. | UNDERSTAND THAT IF EITHER RESPONDENT OR | FAIL TO APPEAR AT THE
HEARING, WE WILL BE BOUND BY THE TERMS OF ANY INJUNCTION ISSUED AT THATHEARING.
| HAVE READ EVERY STATEMENT MADE IN THIS PETITION, AND EACH STATEMENT IS TRUE AND
CORRECT. ! UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER
PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES.
—A
(initials)
Dated: 10.05.2018 Meth Mokke
Signature of Petitioner
STATE OF FLORIDA
COUNTY OF OSCEOLA
Sworn to or affirmed and signed before me on
O Personally known
Produced identification
Type of identification produced FL DL EXP: 08.21.2025
Florida Supreme Court Approved Family Law Form 12.980{a), Petition for Injunction for Protection
Against Domestic Violence (11/15)IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO.:2018 DR 004250 DV
DOMESTIC DIVISION
led ir
NICOLE YVONNE MONTALVO [6° Court this
Petitioner day ot_Oct
AD._QolG |
vs. ARMANDO MIREZ, CLERK
CHRISTOPHER OTERO-RIVERA ¥ De.
Respondent
FINAL JUDGMENT OF INJUNCTION FOR PROTECTION
AGAINST DOMESTIC VIOLENCE WITH MINOR
CHILD(REN) (AFTER NOTICE)
The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida
Statutes, and other papers filed in this Court have been reviewed, The Court has jurisdiction of the
parties and the subject matter.
It is intended that this protection order meet the requirements of 18 U.S.C. Section 2265 and
therefore intended that it be accorded full faith and credit by the court of another state or Indian
tribe and enforced as if it were the order of the enforcing state or of the Indian tribe.
SECTIONI. HEARING
This cause came before the Court for a hearing to determine whether an Injunction for Protection
Against Domestic Violence in this case should be:
i d modi: __ ded.
2X ened moi __entended 1 IAAI EUT
The hearing was attended by:
Petitioner CFN 2018157262
SS Respond Bettis A tte
Petitioner’s Counsel ARNANDO RANIREZ? CLERK OF COURT
Respondent’s Counsel OSCEGLA COUNTY
RECORDING FEES $0.00
SECTION II. FINDINGS
On {date} 10) 9h, a notice of this hearing was served on Respondent together with a copy of
Petitioner’s petition to this Court and the temporary injunction, if issued. Service was within the time
required by Florida law, and Respondent was afforded an opportunity to be heard.
After hearing the testimony of each party present and of any witnesses, or upon consent of
Respondent, the Court finds, based on the specific facts of this case, that Petitioner is a victim of
domestic violence or has reasonable cause to believe that he/she is in imminent danger of becoming a
victim of domestic violence by Respondent.
SECTION III. INJUNCTION AND TERMS
This injunction shall be in full force and effect until either ___ further order of the Court or
Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection Against
Domestic Violence with Minor Child(ren) (After Notice) (03/15)
EXHIBIT 2- fate JO jtp| 2020 _. This injunction is valid and enforceable in all counties of the
‘tate of Florida. The terms of this injunction may not be changed by either party alone or by both
parties together. Only the Court may modify the terms of this injunction. Either party may ask
the Court to change or end this injunction at any time.
Any violation of this injunction, whether or not at the invitation of Petitioner or anyone else, may
subject Respondent to civil or indirect criminal contempt proceedings, including the imposition of
a fine or imprisonment. Certain willful violations of the terms of this injunction, such as: refusing
to vacate the dwelling that the parties share; going to or being within 500 feet of Petitioner's
residence, going to Petitioner’s place of employment, school, or other place prohibited in this
injunction; telephoning, contacting or communicating with Petitioner if prohibited by this
injunction; knowingly or intentionally coming within 100 feet of Petitioner’s motor vehicle,
whether or not it is occupied; defacing or destroying Petitioner’s personal property; refusing to
surrender firearms or ammunition if ordered to do so by the court; or committing an act of
domestic violence against Petitioner constitutes a misdemeanor of the first degree punishable by
up to one year in jail, as provided by sections 775.082 and 775.083, Florida Statutes. In addition, it
is a federal criminal felony offense, punishable by up to life imprisonment, depending on the
nature of the violation, to cross state lines or enter Indian country for the purpose of engaging in
conduct that is prohibited in this injunction. 18 U.S.C. SECTION 2262.
ORDERED and ADJUDGED:
1. Violence Prohibited. Respondent shall not commit, or cause any other person to commit, any acts
of domestic violence against Petitioner. Domestic violence includes: assault, aggravated assault,
battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking,
kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death
to Petitioner or any of Petitioner's family or household members, Respondent shall not commit
\w any other violation of the injunction through an intentional unlawful threat, word or act to do
violence to the Petitioner.
2. No Contact. Respondent shall have no contact with the Petitioner unless otherwise provided
in this section, or unless paragraphs 13 through 19 below provide for contact connected with
the temporary parenting plan and temporary time-sharing with respect to the minor
child(ren).
‘a.Unless otherwise provided herein, Respondent shall have no contact with Petitioner.
Respondent shail not directly or indirectly contact Petitioner in person, by mail, e-mail, fax,
telephone, through another person, or in any other manner, Further, Respondent shall not
contact or have any third party contact anyone connected with Petitioner's employment or
school to inquire about Petitioner or to send any messages to Petitioner, Unless otherwise
provided herein, Respondent shall not go to, in, or within 500 feet of: Petitioner’s current
residence {list address}, 1576 CYPRESS WOOD CIR, , SAINT CLOUD, FL, 34772 or any
residence to which Petitioner may move; Petitioner’s current or any subsequent place of
employment {list address of current employment} OUTBACK STEAKHOUSE-OSCEOLA,
PARKWAY- THE LOOP _or place where Petitioner attends school {list address of school}
or the following other places (if
requested by Petitioner) where Petitioner or Petitioner's minor child(ren) go often:
HICKORY ELEMENTARY.
ee
Weriesponten may not knowingly come within 100 feet of Petitioner's automobile at any time.
Florida Supreme Court Approved Family Law Form 12,980(d)(1), Final Judgment of Injunction for Protection Against
\ew/ Domestic Violence with Minor Child(ren) (After Notice) (03/15)\—/
. Other provisions regarding contact: NO THIRD PARTY CONTACT. NO CONTACT
[A PHONE, TEXT, LOR ANY SOCIAL MEDIA.
3. Firearms. Unless paragraph a. is initialed below, Respondent shall not.have in his or her care,
custody, possession or control any firearm or ammunition. It is a violation of section 790.233,
Florida Statutes, and a first degree misdemeanor, for the respondent to have in his or her
care, custody, possession or control any firearm or ammunition.
[Initial if applies; write N/A if not applicable]
a. N/A_ Respondent is a state or local officer as defined in section 943.10(14), Florida Statutes, who
holds an active certification, who receives or possesses a firearm or ammunition for use in
performing official duties on behalf of the officer’s employing agency and is not prohibited
by the court from having in his or her care, custody, possession or control a firearm or
ammunition, The officer’s-employing agency may prohibit the officer from having in his or
her care, custody, possession or control a firearm or ammunition.
PE Brcespondent shall surrender any firearms and ammunition in the Respondent's possession to
the Osceola County Sheriff's Department.
Fb: directives relating to firearms and ammunition: WEAPONS ARE TO BE TURNED OVER
MEDIA’ OSCEOLA COUNTY SHERIFF'S DEP/ THAN 5PM THE FOLLOWING
AY AFTER INJUNCTION SERVICE INCLUDING BUT NOT LIMITED TO THE FOLLOWING WEAPONS;
GUNS, ALL AMMUNITION AND ALL FIREARMS.
NOTE: RESPONDENT IS ADVISED THAT IT IS A FEDERAL CRIMINAL FELONY
OFFENSE TO SHIP OR TRANSPORT IN INTERSTATE OR FOREIGN COMMERCE, OR
POSSESS IN OR AFFECTING COMMERCE, ANY FIREARM OR AMMUNITION; OR TO
RECEIVE ANY FIREARM OR AMMUNITION WHICH HAS BEEN SHIPPED OR
TRANSPORTED IN INTERSTATE OR FOREIGN COMMERCE WHILE SUBJECT TO SUCH
AN INJUNCTION. 18 U.S.C. SECTION 922(g)(8).
4, Evaluation/Counseling.
[Initial all that apply; write N/A if does not apply]
a, The Court finds that Respondent has:
I. (A.willfully violated the ex parte injunction;
ii, _| been convicted of, had adjudication withheld on, or pled riolo contendere to a crime
involving violence or a threat of violence; and/or
iii. _] in this state or any other state, had at any time a prior injunction for protection entered
against the respondent after a hearing with notice.
Note: If respondent meets any of the above enumerated criteria, the Court must order the Respondent to
attend a batterers' intervention program unless it makes written factual findings stating why such a
program would not be appropriate. See Section 741.30(6)(e), Florida Statutes.
Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection Against
Domestic Violence with Minor Child(ren) (After Notice) (03/15)b. Within []10 days[]____ days, (but no more than 10 days) of the date of this injunction,
Respondent shall enroll in and thereafter without delay complete the following, and Respondent
shall provide proof of such enrollment to the Clerk of Circuit Court within [ ] 30 days or
[ ] NG. days, (but no more than 30 days) of the date of this injunction:
A certified batterers’ intervention program from a list of programs to be provided by the
Court or any entity designated by the Court. Respondent shall also successfully complete
any substance abuse or mental health evaluation that the assessing program counselor
deems necessary as a predicate to completion of the batterers’ intervention program.
A substance abuse evaluation at: ora
similarly qualified facility and any substance abuse treatment recommended by that
evaluation.
A mental health evaluation by a licensed mental health professional at:
or any other similarly qualified
facility and any mental health treatment recommended by that evaluation.
Other:
Although Respondent meets the statutory mandate of attendance at a batterers’ intervention
program, the Court makes the following written findings as to why the condition of batterers’
inteivention program would be inappropriate:
Petitioner is referred to a certified domestic violence center and is provided with a list of
certified domestic violence centers in this circuit, which Petitioner may contact.
5. Mailing Address or Designated E-Mall Address(es). Respondent shall notify the Clerk of the Court
of any change in either his or her mailing address, or designated e-mail address(es), within 10 days
of the change. All further papers (excluding pleadings requiring personal service) shall be served
either by mail to Respondent's last known mailing address or by e-mail to Respondent’s designated
e-mail address(es) . Service shall be complete upon mailing or e-mailing.
6. Other provisions necessary to protect Petitioner from domestic violence:
vt
TEMPORARY EXCLUSIVE USE AND POSSESSION OF HOME
[nitial if applies; write N/A if not applicable]
7. N/A Possession of the Home. [ ] Petitioner [ ] Respondent shall have temporary exclusive use and
possession of the dwelling located at:
8, N/A_Transfer of Possession of the Home. A law enforcement officer with jurisdiction over the home
shall accompany [ ] Petitioner [ ] Respondent to the home, and shall place [ ] Petitioner
[ ] Respondent in possession of the home.
Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection Against
Domestic Violence with Minor Child(ren) (After Notice) (03/15)wo 9. N/A Personal Items. [ ] Petitioner [ ] Respondent, in the presence of a law enforcement officer,
may return to the premises described above (.) on
at a.m/p.m., or [] at a time arranged
with the law enforcement department with jurisdiction over the home, accompanied by a law
enforcement officer only, for the purpose of obtaining his or her clothing and items of personal
health and hygiene and tools of the trade. A law enforcement officer with jurisdiction over the
premises shall go with[ ] Petitioner [ ] Respondent to the home and stand by to insure that he/she
vacates the premises with only his/her personal clothing, toiletries, tools of the trade, and any
items listed in paragraph 10 below. The law enforcement agency shall not be responsible for
storing or transporting any property. IF THE RESPONDENT IS NOT AWARDED
POSSESSION OF THE HOME AND GOES TO THE HOME WITHOUT A LAW
ENFORCEMENT OFFICER, IT IS A VIOLATION OF THIS INJUNCTION.
10. Ndkthe following other personal possessions may also be removed from the premises at this time:
11. Mother:
TEMPORARY PARENTING PLAN AND TIME- SHARING WITH MINOR CHILD(REN)
12, Jurisdiction. [Initial one only.]
risdiction to determine issues relating to parenting plan and time-sharing with respect to
any minor child(ren) listed in paragraph 13 below is proper under the. Uniform Child
Custody Jurisdiction and Enforcement Act (UCCJEA).
N/A__ Jurisdiction is exclusive to the ae court, and accordingly no order is made herein,
(Case Number
Temporary Parenting Plan for Minor Child(ren). Except for that time-sharing (if any) specified
for the other parent in paragraph 14, below, [X] Petitioner [ ] Respondent shall on a temporary basis
have 100% of the time-sharing with the parties’ minor child(ren) listed below and shall have sole
decision-making responsibility until further court order:
When requested by the parent to whom the niajority of overnight time-sharing with the child(ren) is
awarded on a temporary basis herein, in this case the [ }Petitioner { } Respondent, law enforcement
officers shall use any and all reasonable and necessary force to physically deliver the minor
child(ren) listed above to the parent to whom the majority of overnight time-sharing with the
Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection Against
\ee/ Domestic Violence with Minor Child(ren) (After Notice) (03/15)child(ren) is awarded on a temporary basis herein. The other parent shall not take the child(ren)
from the parent to whom the majority of overnight time-sharing with the child(ren) is awarded on a
temporary basis herein or any child care provider or other person entrusted by the parent to whom
the majority of overnight time-sharing with the child(ren) is awarded on a temporary basis herein
with the care of the child(ren).
14, Temporary Parenting Plan with Time-Sharing for Minor Child(ren). The Petitioner and
Respondent shall have time-sharing with the minor child(ren) on the following schedule:
[Initial one only]
afl 41) Petitioner [ ] Respondent shall have 100% of time-sharing and [ ] Petitioner
[1] Respondent shall have 0% of time sharing with the child(ren) until further order of the
Court. Until further-order of the Court, all parenting decisions shall be made by the parent
with 100% of the time-sharing,
db (] Petitioner [ ] Respondent shall have time-sharing from am./p.m, to
a.m./p.m on the following day(s) . The other
parent will have the remaining time-sharing.
c._} Other:
15, Limitations on Time-Sharing The time-sharing specified in paragraph 14, above, for
[] Petitioner [ ] Respondent with the child(ren) shall be:
[Initial all that apply; write N/A if does not apply]
a. pa unsupervised.
b. supervised by the following specified responsible adult:
c, at a. supervised visitation center located at:
and shall be subject to the available times and rules of the supervised visitation center.
The cost associated with the services of the supervised visitation center shall be paid by
[] parent to whom the majority of overnight time-sharing with the child(ren) is awarded
on a temporary basis herein [ ] other parent [ ] both:
If specified, the level of supervision shall be:
16, Arrangements for Time-Sharing with Minor Child(ren).
{Initial all that apply; write N/A if does not apply]
a. NGA responsible person shall coordinate the time-sharing arrangements of with respect to the
minor child(ren).
If specifted, the responsible person shall be: {name}
b. _! Other conditions for time-sharing arrangements as follows:
Florida Supreme Court Approved Family Law Form 12.980(4)(1), Final Judgment of Injunction for Protection Against
Domestic Violence with Minor Child(ren) (After Notice) (03/15)17. Exchange of Minor Child(ren)
[Initial all that apply; write N/A if does not apply]
af The parties shall exchange the child(ren) at [ ] school or daycare, or [ ] at the following
location(s):
b._]_ A responsible person shall conduct all exchanges of the child(ren). The [ ] Petitioner
[ ] Respondent shall not be present during the exchange. If specified, the responsible person
shall be: {name}
Co Other conditions for exchange as follows:
TEMPORARY SUPPORT
19. Temporary Alimony.
[Initial all that apply; write N/A if does not apply]
a, NA. The court finds that there is a need for temporary alimony and that [ ] Petitioner
[ ] Respondent (hereinafter Obligor) has the present ability to pay alimony and shall pay
temporary alimony to [ ] Petitioner [ ] Respondent (hereinafter Obligee) in the amount of
$ per month, payable [ ] in accordance with Obligor’s employer’s payroll cycle, and
in any event, at leasi once a month [ ] other fexplain}
beginning {date} . This alimony shall continue until modified by court order,
until a final judgment of dissolution of marriage is entered, until Obligee dies, until this
injunction expires, or until {date} , whichever occurs first,
b.NA [ ] Petitioner [ ] Respondent shall be required to maintain health insurance coverage for the
other party, Any uncovered medical costs for the party awarded alimony shall be assessed as
follows:
c Wother provisions relating to alimony:
Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection Against
Domestic Violence with Minor Child(ren) (After Notice) (03/15)20. Temporary Child Support.
[Initial all that apply; write N/A if does not apply]
a.4_ The Court finds that there is a need for temporary child support and that [ ] Petitioner
s
[ ] Respondent (hereinafter Obligor) has the present ability to pay child support. The
amounts in the Child Support Guidelines Worksheet, Florida Family Law Form 12.902(e),
filed by [ ] Petitioner [ ] Respondent are correct OR the Court makes the following findings:
The Petitioner’s net monthly income is $. » (Child Support Guidelines %). The
Respondent’s net monthly income is $ , (Child Support Guidelines %). Monthly
child care costs are $. . Monthly health/dental insurance costs are $.
Amount. Obligor shall pay temporary child support in the amount of $. » per
month payable [ ] in accordance with Obligor’s employer’s payroll cycle, and in any event at
least once a month () other {explain}: >
beginning {date} , and continuing until further order of the court, or until
{date/event} , explain}
If the child support ordered deviates from the guidelines by more than 5%, the factual findings
which support that deviation are:
[] Petitioner [ ] Respondent shall be required to maintain () health () dental insurance
coverage for the parties’ minor child(ren) as long as reasonably available, OR () Health
() dental insurance is not reasonably available at this time.
Any reasonable and necessary uninsured medical/dental/prescription drug costs for the
minor child(ren) shall be assessed as follows:
Florida Supreme Court Approved Family Law Form 12,902(j), Notice of Social Security
Number, is incorporated herein by reference.
Other provisions relating to child support:
21. Method of Payment.
[Initial one only}
a. (4 Obligor shall pay any temporary child support/alimony ordered through income deduction,
c.
and such support shall be paid to the state disbursement unit. Obligor is individually
responsible for paying this support obligation in the event that all or any portion of said
support is not deducted from Obligor’s income. Obligor shall also pay the applicable state
disbursement unit service charge. Until child support/alimony payments are deducted from
Obligor’s paycheck pursuant to the Income Deduction Order, Obligor is responsible for
making timely payments directly to the state disbursement unit.
Temporary child support/alimony shall be paid through the state disbursement unit in the
Office of the {name of county} Osceola County Clerk of Circuit Court. Obligor shall also pay
the applicable state disbursement unit service charge. Income deduction is not in the best
interests of the child(ren) because:
| Other provisions relating to method of payment: Please make payments payable to:
Clerk of the Court
C/O Child Support
2 Courthouse Square
Kissimmee, FL 34741
Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection Against
Domestic Violence with Minor Child(ren) (After Notice) (03/15)SECTION IV. OTHER SPECIAL PROVISIONS
(This section to be used for inclusion of local provisions approved by the chief judge as provided in
Florida Family Law Rule 12.610.)
SECTION V. DIRECTIONS TO LAW ENFORCEMENT OFFICER IN ENFORCING THIS
INJUNCTION (Unless ordered otherwise by the judge, all provisions in this injunction are
considered mandatory provisions and should be interpreted as part of this injunction.)
1, This injunction is valid in all counties of the State of Florida. Violation of this injunction
should be reported to the appropriate !aw enforcement agency. Law enforcement officers of the
jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this
injunction and are authorized to arrest without warrant pursuant to section 901.15, Florida
Statutes, for any violation of its provisions, except those regarding child support and/or alimony,
which constitutes a criminal act under section 741.31, Florida Statutes. When inconsistent with
this order, any subsequent court order issued under Chapter 61 or Chapter 39, Florida
Statutes, shall take precedence over this order on all matters relating to property division,
alimony, parental responsibility, parenting plan, time-sharing, child custody, or child
support.
2. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA, AND LAW
ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6),
FLORIDA STATUTES, The arresting agent shall notify the State Attorney's Office immediately
after arrest.
3. Reporting alleged violations. If Respondent violates the terms of this injunction and there has
not been an arrest, Petitioner may contact the Clerk of the Circuit Court of the county in which the
violation occurred and complete an affidavit in support of the violation, or Petitioner may contact
the State Attorney’s office for assistance in filing an action for indirect civil contempt or indirect
criminal contempt. Upon receiving such a report, the State Attomey is hereby appointed to
prosecute such violations by indirect criminal contempt proceedings, or the State Attorney may
decide to file a criminal charge, if warranted by the evidence.
4, Respondent, upon service of this injunction, shall be deemed to have knowledge of and to be
bound by al] matters occurring at the hearing and on the face of this injunction.
5, The temporary injunction, if any, entered in this case is extended until such time as service
of this injunction is effected upon Respondent.
6. THIS IS A “CUSTODY ORDER” FOR PURPOSES OF THE UCCJEA AND ALL
STATUTES MAKING IT A CRIME TO INTERFERE WITH CUSTODY UNDER
CHAPTER 787 OF FLORIDA STATUTES AND OTHER SIMILAR STATUTES.
DONE AND ORDERED at Osceola County, Florida on_ Oct Ile, 201 @
iS FCALDERON CIRCUIT JUDGE
Florida Supreme Court Approved Family Law Form 12.980(8)(1), Final Judgment of Injunction for Protection Against
Domestic Violence with Minor Child(ren) (After Notice) (03/15)COPIES TO:
Sheriff of County
Petitioner (or his or her attorney):
___by U.S, Mail
as by hand delivery in open court (Petitioner must acknowledge receipt in writing on the face of the
original order--see below.)
by e-mail to designated e-mail address(es)
Respondent (or his or her attorney):
_____forwarded to sheriff for service
by hand delivery in open court (Respondent must acknowledge receipt in writing on the face of the
original order—see below.)
____ by certified mail (may only be used when Respondent is present at the hearing and Respondent
fails or refuses to acknowledge the receipt of a certified copy of this injunction.)
“_ State Attorney’s Office
____ Batterer’s intervention program (if ordered)
State Disbursement Unit (if ordered)
__Central Depository (if ordered)
____ Department of Revenue
____ Other,
ICERTIFY the foregoing is a true copy of the original Final Judgment of Injunction for Protection
Against Domestic Violence with Minor Child(ren) as it appears on file in the office of the Clerk of the
Circuit Court of County, Florida, and thg hed copies of this order
as indicated above, S
idicial Assistant
ACKNOWLEDGMENT
1, {Name of Petitioner} NICOLE YVONNE MONTALVO , acknowledge receipt of a certified copy of
this Injunction for Protection. d | | fod
Petitioner
1, {Name of Respondent} CHRISTOPHER OTERO-RIVERA , acknowledge receipt of a certified copy
of this Injunction for Protection.
Respondent
RUSSELL GIBSON, Sheriff
ICOLE YVONNE M VO _/ CHR: O' -RIVERA,
Served at SO the_J(gdayof_g@7__, 2018
ss. LD
Deputy Sheriff
DRFJINWMC
Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection Against
Domestic Violence with Minor Child(ren) (After Notice) (03/15)CERTIFICATE
STATE OF FLORIDA )
COUNTY OF OSCEOLA )
I, TAMMY L. ERVIN, RMR, RPR, Official Court Reporter,
as authorized by Rule 2.070(c), Florida Rules of Court, and
Administrative Order of the Ninth Judicial Circuit Numbered
07-98-44, certify that the foregoing CD copy of the
proceedings held on October 16, 2018, in the case of Nicole
Montalvo v. Christopher Otero-Rivera, 2018-DR-4250-DV, held in
Courtroom 5D before the Honorable Luis Calderon, is a true and
accurate duplication of the record.
Dated this 17th day of December, 2019, in the City of
Kissimmee, County of Osceola, state of Florida.
KF bx
ammy L.| Ervin, RMR, RPR
Lead Court Reporter - Osceola
2 Courthouse Square
Suite 1500
Kissimmee, Florida 34741
407-742-2482
EXHIBIT 3Judge Luis Calderon
Nicole Yvonne Montalvo vs. Christopher Otero-Rivera
1 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR OSCEOLA COUNTY, FLORIDA
5 NICOLE YVONNE MONTALVO,
6 Petitioner,
7 and
8 CHRISTOP
HER OTERO-RIVERA,
Case No.: 2018-DR-4250
9 Respondent,
10
11 HEARING HELD BEFORE
THE HONORABLE: JUDGE LUIS CALDERON
12
TAKEN: PURSUANT TO NOTICE ON BEHALF
13 OF THE PETITIONER
14 DATE October 16, 2018
15
LOCATION: Osceola County Courthouse
16 2 Courthouse Square, Room 5D
Kissimmee, Florida 34741
17
18 REPORTED BY: AMY F. GODOY
Court Reporting Specialists
19 Court Reporter
Notary Public
20 Commission No. GG 009006
Expires 7/14/20
21
22
23
24
25 EXHIBIT 4
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407-847-0330Judge Luis Calderon
Nicole Yvonne Montalvo vs. Christopher Otero-Rivera
APPEARANCES:
ALSO
ASHLEY FERRELL, ESQUIRE
Brevard County Legal Aid
1038 Harvin Way, Suite 100
Rockledge, Florida 32955
321-631-2500
Representing the Petitioner
PRESENT:
Nicole Yvonne Montalvo, Petitioner
Christopher Otero-Rivera, Respondent
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407-847-0330Judge Luis Calderon Nicole Yvonne Montalvo vs. Christopher Otero-Rivera
TABLE OF CONTENTS
NICOLE YVONNE MONTALVO
OCTOBER 16, 2019
APPEARANCES 2
TESTIMONY OF NICOLE YVONNE MONTALVO
DIRECT EXAMINATION By Ms. Ferrell 7
CERTIFICATE OF REPORTER 13
EXHIBITS
(None marked)
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407-847-0330Judge Luis Calderon
Nicole Yvonne Montalvo vs. Christopher Otero-Rivera
PROCEEDINGS
THE COURT: Number 23-A on the docket,
Case Number 2018-DR-2450, Nicole Yvonne
Montalvo and Christopher Otero-Rivera.
MS. FERRELL: Ashley Ferrell, on behalf of
my client, Nicole Montalvo.
THE COURT: All right. And
Mr. Otero-Rivera. Sir.
Has he been sworn in?
THE CLERK: Yes.
THE COURT: All right.
All right. And, Mr. Otero-Rivera, I'm not
sure if your criminal case directly falls on
point with regards to these allegations that
are made in the petition; however, it is a
related case, and I just want to advise you
that if you want to testify today, you may do
so, but by doing that, you'd be waiving your
right to not incriminate yourself, and any
testimony that you give could be used against
you in that criminal procedure. You understand
that?
MR. OTERO-RIVERA: Yes, sir.
THE COURT: All right.
All right. So, ma'am, could you please
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407-847-0330Judge Luis Calderon
Nicole Yvonne Montalvo vs. Christopher Otero-Rivera
state your name.
MS. MONTALVO: Nicole Montalvo.
THE COURT: And, Ms. Montalvo, is
everything you stated in your petition true and
correct?
MS. MONTALVO: Yes.
THE COURT: All right. And, sir, did you
receive a copy of that petition? You have not
received a copy of it?
MR. OTERO-RIVERA: Of what exactly?
THE COURT: Of the petition for a domestic
violence injunction.
MR. OTERO-RIVERA: Oh, yes.
THE COURT: All right. Did you have an
opportunity to review that petition?
MR. OTERO-RIVERA: Yes.
THE COURT: And do you want to go forward
with the hearing with regards to that petition?
So, you wanna have a hearing, you can. We'll
take testimony and I'll make a decision with
regards to it. Or you can waive the right to
that hearing and the Court can make a decision
as to whether or not it's appropriate to put
that injunction in place.
MR. OTERO-RIVERA: Okay. So I have to see
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407-847-0330Judge Luis Calderon
Nicole Yvonne Montalvo vs. Christopher Otero-Rivera
1 (inaudible).
2 THE COURT: So you want to waive your
3 right to a hearing?
4 MR. OTERO-RIVERA: Yes, sir.
5 THE COURT: All right.
6 All right. Now, you understand that if I
7 grant this injunction due to your waiver, that
8 there will be an injunction in place, which
9 means you will not be able to have any contact
10 with Ms. Montalvo. You understand that?
11 MR. OTERO-RIVERA: The only thing I would
12 ask is just to be able to have contact with my
13 son.
14 THE COURT: Well, we can get to that ina
15 second. This is just with regards to the
16 injunction. All right?
17 With respect to the injunction, it will
18 also be required that you not own or possess a
19 firearm while this injunction is in place.
20 MR. OTERO-RIVERA: Yes, sir.
21 THE COURT: Okay. So having waived the
22 right to a hearing, I have reviewed the
23 petition. I do find that there is sufficient
24 evidence presented in that petition with
25 regards to domestic violence.
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407-847-0330Judge Luis Calderon Nicole Yvonne Montalvo vs. Christopher Otero-Rivera
Ms. Ferrell, do you want to inquire with
2 regards to the length? And then we'll take
3 some testimony with regards to any other
4 provisions. All right?
5 MS. FERRELL: Yes, Your Honor. Okay.
6 Thank you.
7 x * *
8 NICOLE YVONNE MONTALVO,
9 THEREUPON TESTIFIED UPON HER OATH AS FOLLOWS:
10 DIRECT EXAMINATION
11 BY MS. FERRELL:
12 Q Ms. Montalvo, how old is the child that
13 you have together with the Respondent?
14 A He's seven years old.
15 Q Okay. And are you currently married to
16 the Respondent?
17 A Yes.
18 Q And how long has that marriage been?
19 A Seven years.
20 Q Okay. And how long have you -- is --
21 prior to this incident, was the child -- were you
22 living together, the three of you, as a family, or
23 were you living, yourself, with the child?
24 A As a family.
25 Q Okay. And was the child present when the
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407-847-0330Judge Luis Calderon Nicole Yvonne Montalvo vs. Christopher Otero-Rivera
1 Defendant -- sorry -- when the Respondent caused a
2 robbery, kidnapping, tampering with felony
3 proceedings, aggravated assault with a deadly
4 weapon, battery and petit theft? Was the child
5 present when that occurred?
6 A No, he was not.
7 Q Okay. And were you the victim of that
8 alleged crime?
9 A Yes.
10 Q Okay. And can you -- currently, right
11 now, are you residing in the marital home?
12 A No.
13 Q Okay. And where are you staying?
14 A With my mom and dad.
15 Q Okay. And why is that?
16 A Because I didn't want him (inaudible) near
17 the situation anymore.
18 Q Okay. Are you in fear, at this time, of
19 the Respondent?
20 A Yes.
21 Q Okay. Do you have concerns with him
22 communicating with his son?
23 A No. I don't mind him talking to his son.
24 He's a good father. But our relationship is not
25 gonna work and our son is hurting.
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407-847-0330Judge Luis Calderon Nicole Yvonne Montalvo vs. Christopher Otero-Rivera
1 Q Your son is hurting? Isn't it true that
2 your son stays with his paternal grandparents on
3 Saturdays?
4 A Yes.
5 Q And that you would have no problem with
6 the Respondent having telephone conversations with
7 your grandson [sic] when he is at the paternal
8 grandparents' home?
9 A Yes.
10 Q Okay. And currently is the Respondent
11 paying any support for the child?
12 A No.
13 Q Okay. Is it true that, in fact, he has
14 lost his job since being arrested for this crime?
15 A Yes.
16 Q Okay.
17 MS. FERRELL: Nothing further, Judge.
18 THE COURT: All right. And with regards
19 to timesharing, Mr. Otero-Rivera -- this has
20 nothing to do with your criminal case -- are
21 you satisfied with having telephonic contact
22 with the child while he's at your parents'
23 house?
24 MR. OTERO-RIVERA: Yes, sir.
25 THE COURT: Is that -- is that enough for
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407-847-0330Judge Luis Calderon
Nicole Yvonne Montalvo vs. Christopher Otero-Rivera
you?
MR. OTERO-RIVERA: (Inaudible.)
THE COURT: Okay. Well, this is what I'm
going to do: I'm going to grant the injunction.
I'm going to put it in place for two years.
If there's any violation of this
injunction, ma'am, either through letters from
the jail or phone calls from the jail, I want
you to immediately notify the Court. If
Mr. Otero-Rivera is released and has any
contact with you and you feel that you're in
immediate danger, you should contact law
enforcement first. Also notify the Court and
let me know that there's been a violation of
this Court's injunction.
But I am going to allow him to have
telephone contact with the child when he's at
his parents' house. H
Preview
Filing # 105216305 E-Filed 03/20/2020 12:37:15 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA STATE OF FLORIDA, CASE NO: 2019-CF-003738-OS-A Plaintiff, vs. CHRISTOPHER OTERO-RIVERA, Defendant. / STATE OF FLORIDA’S REQUEST TO TAKE JUDICIAL NOTICE Comes now the State of Florida, by and through its undersigned assigned State Attorney, and pursuant to Florida Statutes 90.202(6) and 90.203, moves this Court to take judicial notice of the following documents found in the court records of the Ninth Judicial Circuit. Case number 2018-DR-4250: Petition for Injunction for Protection, as redacted and attached as Exhibit 1. Final Injunction for Protection against Domestic Violence, attached as Exhibit 2. Certification of Accuracy of audio recorded final hearing on Injunction, attached as Exhibit 3. Audio CD Audio recording of Injunction hearing 10/16/2018; previously provided to counsel for the Defendant. Transcript of the audio recording set forth above, attached as Exhibit 4. Respectfully submitted this 16th day of March, 2020. /s Brad KingCertificate of Service I HEREBY CERTIFY that a true copy of the foregoing has been delivered by electronic Mail to: Migdalia Perez, 517 Bryan St, Kissimmee, FL 34741, Kimberly Lasure, 517 Bryan St, Kissimmee, FL 34741, electronic service this 16" day of March, 2020. /s Brad King State Attorney Fla. Bar #341045 Office of the State Attorney 110 NW 1* Avenue, Suite 5000 Ocala, Fl 34471 Telephone: (352) 671-5914IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, "te Case No.: Y DV Division: DOMESTIC NICOLE YVONNE MONTALVO Petitioner, and Hd S- 190 8b CHRISTOPHER OTERO-RIVERA Respondent, PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE |, {full legal name}. NICOLE YVONNE MONTALVO , being sworn, certify that the following statements are true: le SECTIONI. PETITIONER (This section is about you. It must be completed. However, if you fear that disclosing your address to the respondent would put you in danger, you should complete and file a Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h), and write confidential in the space provided on this form for your address and telephone number.) 1. Petitioner's current address is: {street address} 1576 CYPRESS WOOD CIR. {city, state and zip code} ST.CLOUD, FL 34772 Telephone Number: farea code and number} 321.805.0036 Physical description of Petitioner: HGT:__5'4_ WGT: 124 HAIR: BRN EYES: BRN Race: _W_ Sex: Male, Female Date of Birth:, 08.21.1986 2. Petitioner's attorney's name, address, and telephone number Is: NONE (If you do not have an attorney, write none.) SECTION Il. RESPONDENT (This section is about the person you want to be protected from. It must becompleted.) 1. Respondent's current address Is: {street address, city, state, and zip code} FRIENDLY MOTEL, KISSIMMEE, FL 34741 Respondent's Driver's License number Is: {if known}. UNKNOWN Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection Against Domestic Violence (11/15) EXHIBIT 12, Respondent is: {Indicate all that apply} a. C1 the spouse of Petitioner. Date of Marriage: _ b. the former spouse of Petitioner. Date of Marriage: _ Date of Dissolution of Marriage: __ c o related by blood or marriage to Petitioner. Specify relationship: d. ‘a person who Is or was living in one home with Petitioner, as if a family. e. wl a person with whom Petitioner has a child in common, even if Petitioner and Respondent never were married or living together. 3. Petitioner has known Respondent since {date} 4, Respondent's last known place of employment: 14 YEARS Employment address: TOP LAWN CARE-HUNTERS CREEK Working hours: M-F 5. Physical description of Respondent: Race: if sex: Male] Female_CJ_ pate of pirth: 12.19.1987 Height:__6'0__ Weight;_190__ Eye Color;_BRN_ Hair Color: BRN Distinguishing marks or scars: N/A Vehicle: (make/model). F150 Color: MAROGag Number: JWPM64 6. Other names Respondent goes by (aliases or nicknames): 7. Respondent's attorney's name, address, and telephone number Is: UNKNOWN (If you do not know whether Respondent has an attorney, write unknown. tf Respondent does not have an attorney, write none.)Below is a brief description of the latest act of violence or threat of violence that causes Petitioner to honestly fear imminent domestic violence by Respondent. (Use additional sheets if necessary.)On {date} Jo}3) 1S, at location} Respondent: Awe A WAL AoW ings > Oa Op Cr 10) NOM We. CinVve op Ah OOM Ar aN aeosyt Yun mat Wen mart yor Myon Ly re. WOOL. Fi) wr Gpon ja Ok desk 1 OAS Cae CONIA OO OY DU WOO OfO, Wont Wry he Jets Wy to Gur oy Anis of ands cour wn one, He Foxe. WM) Yous WS Crow. & B EK ng Belrinx Or COD “Sot ark Ge Se OG ONO comer wy acl 0 ak& CO ON COREA OL[ Slatement Conte VS PU Owe pyaar wo 1a Waxie Wada tents \o. Sov AN =O) One ON DI WWI? pe (Move. ora aa Yuk to Jate 0. 08, OC. Sove wr ray MIM Of yo But Wo Yo, Shopyeh Shen dais \wt oy See On yon \ une alot. Wee ome _v Wehird me aad pa 08m tong work GOO. MOL. Ord AWHA rm WE Jo wie (Cox We wd Ang, 20 HOLY | W008 olde, AD AWE Ook MA MO Od Ste Pam Warn while 106 on aout) Awe San COwdS 2 ervey 5 vSak con pot oe pm att (nas oalnel ww 24 (ir. Yosh V0.0 Sicoe. “Toth Ounach conip, Ap Lin OF V60id Gaines olodk yieak Mead, We ad ow dian Wm Ap ops Paki 3p WO Cored (tio wen Ve ved muy nslank Coco ron ‘ib on ota tint Woke, whore he \sdajns, en \dwe Yow ond yore ANOS CONG Yy_CoBk pre OM) nok Wow owe Above til oes Come, Aral die, Sorect cpuhor cups Came ancl pLec. Wb _neightss yor nel oankecl we cack Yoo. Cots Ouse them... ~~ PLEASE DO NOT WRITE BELOW THIS LINE OR ON THE BACK OF THIS PAGE Lhave been provided with the criteria to file for this Injunction Please sign & date:1. Petitioner claims the following about the home that Petitioner and Respondent share or that Petitioner left because of domestic violence: {indicate all that apply} a._/ __ Petitioner needs the exclusive use and possession of the home that the parties share at {street address} N/A {city, state, zip code} _,. b. Oo Petitioner cannot get another safe place to live because: N/A «_O if kept out of the home, Respondent has the money to get other housing or may live without money at {street address}. N/A {city, state, zip code} 2. The home is: {Choose one only) a _ Downed or rented by Petitioner and Respondent Jointly. b. _Oootey owned or rented by Petitioner. c _Osotey owned or rented by Respondent. SECTION V. TEMPORARY PARENTING PLAN WITH TEMPORARY TIME-SHARING SCHEDULE FOR MINOR CHILD(REN) (Complete this section only if you are asking the court to provide a temporary parenting plan, including a temporary time-sharing schedule with regard to, the minor child or children of the parties which might involve prohibiting or limiting time-sharing or requiring that it be supervised by a third party. You must be the natural parent, adoptive parent, or guardian by court order of the minor child(ren). If you are asking the court to provide a temporary parenting plan, including a temporary time-sharing schedule with regard to, the minor child or children of the parties which might Involve prohibiting or limiting time-sharing or requiring that It be supervised by a third party, you must also complete and file a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d).) Note: If the paternity of the minor child(ren) listed below has not been established through either mariage or court order, the Court may deny a request to provide a temporary parenting plan, including a temporary time-sharing schedule with regard to, the minor child or children, and/or a_request for Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection Against Domestic Violence (11/15)child support. 1. Petitioner is the natural parent, adoptive parent, or guardian by court order of the minor child(ren) whose name(s) and age(s) is (are) listed below. Name Birth date 2. The minor child(ren) for whom Petitioner is asking the court to provide a temporary parenting plan, including a temporary time-sharing schedule with regard to: {Choose one only} a., saw the domestic violence described in this petition happen. b. were at the place where the domestic violence happened but did not see it. c were not there when the domestic violence happened this time but have seen previous acts of domestic violence by Respondent. d. _[71_ have not witnessed domestic violence by Respondent. 3. Name any other minor child(ren) who were there when the domestic violence happened. Include child(ren)’s name, age, and parents’ names. N/A 4, Temporary Parenting Pian and Temporary Time-Sharing Schedule fl ali that apply) a._LJ_ Petitioner requests that the Court provide a temporary parenting plan, including a temporary time sharing schedule with regard to, the minor child or children of the parties, as follows: TO BE DISCUSSED AT HEARING b.. O Petitioner requests that the Court order supervised exchange of the minor child(ren) or exchange through a responsible person designated by the Court. The following person is suggested as a responsible person for purposes of such exchange. {Explain}: TO BE DISCUSSED AT HEARING Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection Against Domestic Violence (11/15)G oO Petitioner requests that the Court limit time-sharing by Respondent with the minor child(ren). {Explain}: TO BE DISCUSSED AT HEARING da. _O Petitioner requests that the Court prohibit time-sharing by Respondent with the minor child(ren) because Petitioner genuinely fears that Respondent imminently will abuse, remove, or hide the minor chitd(ren) from Petitioner. {Explain}: TO BE DISCUSSED AT HEARING e. _O petitioner requests that the Court allow only supervised time-sharing by Respondent with the minor child(ren). . {Explain}: TO BE DISCUSSED AT HEARING Supervision should be provided by a Family Visitation Center, or other (specify): TO BE DISCUSSED AT HEARING SECTION VI. TEMPORARY SUPPORT (Complete this section only if you are seeking financial support from the Respondent. You must also complete and file a Family Law Financlal Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), and Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), if you are seeking child support. A Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), must be filed with the court at or prior to a hearing to establish or modify child support) {indicate all thatapply)} 1, Oo Petitioner clalms a need for the money he or she is asking the Court to make Respondent pay, and that Respondent has the ability to pay that money. 2. _oO Petitioner requests that the Court order Respondent to pay the following temporary alimony to Petitioner. (Petitioner must be married to Respondent to ask for temporary alimony.) Temporary Alimony Requested$__N/A__ every: week other week month. 3. oO Petitioner requests that the Court order Respondent to pay the following temporary child support to Petitioner. (The Respondent must be the natural parent, adoptive parent, or guardian by court order of the minor child(ren) for the court to order the Respondent to pay child support.)Temporary child support is requested in the amount of $ N/A every: week_____ other week. month. Florida Supreme Court Approved Family Law Form 12.980{a), Petition for injunction for Protection Against Domestic Violence (11/15)SECTION Vil. INJUNCTION (This section summarizes what you are asking the Court to include in the injunction. This section must be completed.) 1. Petitioner asks the Court to enter a TEMPORARY INJUNCTION for protection against domestic violence that will be in place from now until the scheduled hearing in this matter. 2. Petitioner asks the Court to enter, after a hearing has been held on this petition, a final judgment on injunction prohibiting Respondent from committing any acts of domestic violence against Petitioner and: a. prohibiting Respondent from going to or within 500 feet of any place the Petitioner lives; b. prohibiting Respondent from going to or within 500 feet of the Petitioner's place(s) of employment or school; the address _—of Petitioner’s place(s) of employment or school is: ¢. prohibiting Respondent from contacting Petitioner by mail, by telephone, through another person, or in any other manner; d. prohibiting Respondent from knowingly and intentionally going to or within 100 feet of Petitioner's motor vehicle. e. prohibiting Respondent from defacing or destroying Petitioner's personal property. {indicate all that apply} f. [lL prohibiting Respondent from going to or within 500 feet of the following place(s) Petitioner or Petitioner's minor child(ren) must go often {include address}: aA g Oo granting Petitioner temporary exclusive use and possession of the home Petitioner and Respondent share; h. YW granting Petitioner on a temporary basis 100% of the time sharing with the parties’ minor child(ren); i. oO establishing a temporary parenting plan including a temporary time-sharing schedule for the parties’ minor child(ren); i oO granting temporary alimony for Petitioner; k QO granting temporary child support for the minor child(ren); Florida Supreme Court Approved Family Law Form 12.980(a), Petition for Injunction for Protection Against Domestic Violence (11/15)L oO ordering Respondent to participate in treatment, intervention, and/or counseling services; m. Oo referring Petitioner to a certified domestic violence center; and any other terms the Court deems necessary for the protection of Petitioner and/or Petitioner's child(ren), including injunctions or directives to law enforcement agencies, as provided in Section 741.30, Florida Statutes. 1 UNDERSTAND THAT BY FILING THIS PETITION, | AM ASKING THE COURT TO HOLD A HEARING ON THIS PETITION, THAT BOTH RESPONDENT AND | WILL BE NOTIFIED OF THE HEARING, AND THAT | MUST APPEAR AT THE HEARING. | UNDERSTAND THAT IF EITHER RESPONDENT OR | FAIL TO APPEAR AT THE HEARING, WE WILL BE BOUND BY THE TERMS OF ANY INJUNCTION ISSUED AT THATHEARING. | HAVE READ EVERY STATEMENT MADE IN THIS PETITION, AND EACH STATEMENT IS TRUE AND CORRECT. ! UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. —A (initials) Dated: 10.05.2018 Meth Mokke Signature of Petitioner STATE OF FLORIDA COUNTY OF OSCEOLA Sworn to or affirmed and signed before me on O Personally known Produced identification Type of identification produced FL DL EXP: 08.21.2025 Florida Supreme Court Approved Family Law Form 12.980{a), Petition for Injunction for Protection Against Domestic Violence (11/15)IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.:2018 DR 004250 DV DOMESTIC DIVISION led ir NICOLE YVONNE MONTALVO [6° Court this Petitioner day ot_Oct AD._QolG | vs. ARMANDO MIREZ, CLERK CHRISTOPHER OTERO-RIVERA ¥ De. Respondent FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR CHILD(REN) (AFTER NOTICE) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed, The Court has jurisdiction of the parties and the subject matter. It is intended that this protection order meet the requirements of 18 U.S.C. Section 2265 and therefore intended that it be accorded full faith and credit by the court of another state or Indian tribe and enforced as if it were the order of the enforcing state or of the Indian tribe. SECTIONI. HEARING This cause came before the Court for a hearing to determine whether an Injunction for Protection Against Domestic Violence in this case should be: i d modi: __ ded. 2X ened moi __entended 1 IAAI EUT The hearing was attended by: Petitioner CFN 2018157262 SS Respond Bettis A tte Petitioner’s Counsel ARNANDO RANIREZ? CLERK OF COURT Respondent’s Counsel OSCEGLA COUNTY RECORDING FEES $0.00 SECTION II. FINDINGS On {date} 10) 9h, a notice of this hearing was served on Respondent together with a copy of Petitioner’s petition to this Court and the temporary injunction, if issued. Service was within the time required by Florida law, and Respondent was afforded an opportunity to be heard. After hearing the testimony of each party present and of any witnesses, or upon consent of Respondent, the Court finds, based on the specific facts of this case, that Petitioner is a victim of domestic violence or has reasonable cause to believe that he/she is in imminent danger of becoming a victim of domestic violence by Respondent. SECTION III. INJUNCTION AND TERMS This injunction shall be in full force and effect until either ___ further order of the Court or Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection Against Domestic Violence with Minor Child(ren) (After Notice) (03/15) EXHIBIT 2- fate JO jtp| 2020 _. This injunction is valid and enforceable in all counties of the ‘tate of Florida. The terms of this injunction may not be changed by either party alone or by both parties together. Only the Court may modify the terms of this injunction. Either party may ask the Court to change or end this injunction at any time. Any violation of this injunction, whether or not at the invitation of Petitioner or anyone else, may subject Respondent to civil or indirect criminal contempt proceedings, including the imposition of a fine or imprisonment. Certain willful violations of the terms of this injunction, such as: refusing to vacate the dwelling that the parties share; going to or being within 500 feet of Petitioner's residence, going to Petitioner’s place of employment, school, or other place prohibited in this injunction; telephoning, contacting or communicating with Petitioner if prohibited by this injunction; knowingly or intentionally coming within 100 feet of Petitioner’s motor vehicle, whether or not it is occupied; defacing or destroying Petitioner’s personal property; refusing to surrender firearms or ammunition if ordered to do so by the court; or committing an act of domestic violence against Petitioner constitutes a misdemeanor of the first degree punishable by up to one year in jail, as provided by sections 775.082 and 775.083, Florida Statutes. In addition, it is a federal criminal felony offense, punishable by up to life imprisonment, depending on the nature of the violation, to cross state lines or enter Indian country for the purpose of engaging in conduct that is prohibited in this injunction. 18 U.S.C. SECTION 2262. ORDERED and ADJUDGED: 1. Violence Prohibited. Respondent shall not commit, or cause any other person to commit, any acts of domestic violence against Petitioner. Domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to Petitioner or any of Petitioner's family or household members, Respondent shall not commit \w any other violation of the injunction through an intentional unlawful threat, word or act to do violence to the Petitioner. 2. No Contact. Respondent shall have no contact with the Petitioner unless otherwise provided in this section, or unless paragraphs 13 through 19 below provide for contact connected with the temporary parenting plan and temporary time-sharing with respect to the minor child(ren). ‘a.Unless otherwise provided herein, Respondent shall have no contact with Petitioner. Respondent shail not directly or indirectly contact Petitioner in person, by mail, e-mail, fax, telephone, through another person, or in any other manner, Further, Respondent shall not contact or have any third party contact anyone connected with Petitioner's employment or school to inquire about Petitioner or to send any messages to Petitioner, Unless otherwise provided herein, Respondent shall not go to, in, or within 500 feet of: Petitioner’s current residence {list address}, 1576 CYPRESS WOOD CIR, , SAINT CLOUD, FL, 34772 or any residence to which Petitioner may move; Petitioner’s current or any subsequent place of employment {list address of current employment} OUTBACK STEAKHOUSE-OSCEOLA, PARKWAY- THE LOOP _or place where Petitioner attends school {list address of school} or the following other places (if requested by Petitioner) where Petitioner or Petitioner's minor child(ren) go often: HICKORY ELEMENTARY. ee Weriesponten may not knowingly come within 100 feet of Petitioner's automobile at any time. Florida Supreme Court Approved Family Law Form 12,980(d)(1), Final Judgment of Injunction for Protection Against \ew/ Domestic Violence with Minor Child(ren) (After Notice) (03/15)\—/ . Other provisions regarding contact: NO THIRD PARTY CONTACT. NO CONTACT [A PHONE, TEXT, LOR ANY SOCIAL MEDIA. 3. Firearms. Unless paragraph a. is initialed below, Respondent shall not.have in his or her care, custody, possession or control any firearm or ammunition. It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession or control any firearm or ammunition. [Initial if applies; write N/A if not applicable] a. N/A_ Respondent is a state or local officer as defined in section 943.10(14), Florida Statutes, who holds an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency and is not prohibited by the court from having in his or her care, custody, possession or control a firearm or ammunition, The officer’s-employing agency may prohibit the officer from having in his or her care, custody, possession or control a firearm or ammunition. PE Brcespondent shall surrender any firearms and ammunition in the Respondent's possession to the Osceola County Sheriff's Department. Fb: directives relating to firearms and ammunition: WEAPONS ARE TO BE TURNED OVER MEDIA’ OSCEOLA COUNTY SHERIFF'S DEP/ THAN 5PM THE FOLLOWING AY AFTER INJUNCTION SERVICE INCLUDING BUT NOT LIMITED TO THE FOLLOWING WEAPONS; GUNS, ALL AMMUNITION AND ALL FIREARMS. NOTE: RESPONDENT IS ADVISED THAT IT IS A FEDERAL CRIMINAL FELONY OFFENSE TO SHIP OR TRANSPORT IN INTERSTATE OR FOREIGN COMMERCE, OR POSSESS IN OR AFFECTING COMMERCE, ANY FIREARM OR AMMUNITION; OR TO RECEIVE ANY FIREARM OR AMMUNITION WHICH HAS BEEN SHIPPED OR TRANSPORTED IN INTERSTATE OR FOREIGN COMMERCE WHILE SUBJECT TO SUCH AN INJUNCTION. 18 U.S.C. SECTION 922(g)(8). 4, Evaluation/Counseling. [Initial all that apply; write N/A if does not apply] a, The Court finds that Respondent has: I. (A.willfully violated the ex parte injunction; ii, _| been convicted of, had adjudication withheld on, or pled riolo contendere to a crime involving violence or a threat of violence; and/or iii. _] in this state or any other state, had at any time a prior injunction for protection entered against the respondent after a hearing with notice. Note: If respondent meets any of the above enumerated criteria, the Court must order the Respondent to attend a batterers' intervention program unless it makes written factual findings stating why such a program would not be appropriate. See Section 741.30(6)(e), Florida Statutes. Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection Against Domestic Violence with Minor Child(ren) (After Notice) (03/15)b. Within []10 days[]____ days, (but no more than 10 days) of the date of this injunction, Respondent shall enroll in and thereafter without delay complete the following, and Respondent shall provide proof of such enrollment to the Clerk of Circuit Court within [ ] 30 days or [ ] NG. days, (but no more than 30 days) of the date of this injunction: A certified batterers’ intervention program from a list of programs to be provided by the Court or any entity designated by the Court. Respondent shall also successfully complete any substance abuse or mental health evaluation that the assessing program counselor deems necessary as a predicate to completion of the batterers’ intervention program. A substance abuse evaluation at: ora similarly qualified facility and any substance abuse treatment recommended by that evaluation. A mental health evaluation by a licensed mental health professional at: or any other similarly qualified facility and any mental health treatment recommended by that evaluation. Other: Although Respondent meets the statutory mandate of attendance at a batterers’ intervention program, the Court makes the following written findings as to why the condition of batterers’ inteivention program would be inappropriate: Petitioner is referred to a certified domestic violence center and is provided with a list of certified domestic violence centers in this circuit, which Petitioner may contact. 5. Mailing Address or Designated E-Mall Address(es). Respondent shall notify the Clerk of the Court of any change in either his or her mailing address, or designated e-mail address(es), within 10 days of the change. All further papers (excluding pleadings requiring personal service) shall be served either by mail to Respondent's last known mailing address or by e-mail to Respondent’s designated e-mail address(es) . Service shall be complete upon mailing or e-mailing. 6. Other provisions necessary to protect Petitioner from domestic violence: vt TEMPORARY EXCLUSIVE USE AND POSSESSION OF HOME [nitial if applies; write N/A if not applicable] 7. N/A Possession of the Home. [ ] Petitioner [ ] Respondent shall have temporary exclusive use and possession of the dwelling located at: 8, N/A_Transfer of Possession of the Home. A law enforcement officer with jurisdiction over the home shall accompany [ ] Petitioner [ ] Respondent to the home, and shall place [ ] Petitioner [ ] Respondent in possession of the home. Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection Against Domestic Violence with Minor Child(ren) (After Notice) (03/15)wo 9. N/A Personal Items. [ ] Petitioner [ ] Respondent, in the presence of a law enforcement officer, may return to the premises described above (.) on at a.m/p.m., or [] at a time arranged with the law enforcement department with jurisdiction over the home, accompanied by a law enforcement officer only, for the purpose of obtaining his or her clothing and items of personal health and hygiene and tools of the trade. A law enforcement officer with jurisdiction over the premises shall go with[ ] Petitioner [ ] Respondent to the home and stand by to insure that he/she vacates the premises with only his/her personal clothing, toiletries, tools of the trade, and any items listed in paragraph 10 below. The law enforcement agency shall not be responsible for storing or transporting any property. IF THE RESPONDENT IS NOT AWARDED POSSESSION OF THE HOME AND GOES TO THE HOME WITHOUT A LAW ENFORCEMENT OFFICER, IT IS A VIOLATION OF THIS INJUNCTION. 10. Ndkthe following other personal possessions may also be removed from the premises at this time: 11. Mother: TEMPORARY PARENTING PLAN AND TIME- SHARING WITH MINOR CHILD(REN) 12, Jurisdiction. [Initial one only.] risdiction to determine issues relating to parenting plan and time-sharing with respect to any minor child(ren) listed in paragraph 13 below is proper under the. Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). N/A__ Jurisdiction is exclusive to the ae court, and accordingly no order is made herein, (Case Number Temporary Parenting Plan for Minor Child(ren). Except for that time-sharing (if any) specified for the other parent in paragraph 14, below, [X] Petitioner [ ] Respondent shall on a temporary basis have 100% of the time-sharing with the parties’ minor child(ren) listed below and shall have sole decision-making responsibility until further court order: When requested by the parent to whom the niajority of overnight time-sharing with the child(ren) is awarded on a temporary basis herein, in this case the [ }Petitioner { } Respondent, law enforcement officers shall use any and all reasonable and necessary force to physically deliver the minor child(ren) listed above to the parent to whom the majority of overnight time-sharing with the Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection Against \ee/ Domestic Violence with Minor Child(ren) (After Notice) (03/15)child(ren) is awarded on a temporary basis herein. The other parent shall not take the child(ren) from the parent to whom the majority of overnight time-sharing with the child(ren) is awarded on a temporary basis herein or any child care provider or other person entrusted by the parent to whom the majority of overnight time-sharing with the child(ren) is awarded on a temporary basis herein with the care of the child(ren). 14, Temporary Parenting Plan with Time-Sharing for Minor Child(ren). The Petitioner and Respondent shall have time-sharing with the minor child(ren) on the following schedule: [Initial one only] afl 41) Petitioner [ ] Respondent shall have 100% of time-sharing and [ ] Petitioner [1] Respondent shall have 0% of time sharing with the child(ren) until further order of the Court. Until further-order of the Court, all parenting decisions shall be made by the parent with 100% of the time-sharing, db (] Petitioner [ ] Respondent shall have time-sharing from am./p.m, to a.m./p.m on the following day(s) . The other parent will have the remaining time-sharing. c._} Other: 15, Limitations on Time-Sharing The time-sharing specified in paragraph 14, above, for [] Petitioner [ ] Respondent with the child(ren) shall be: [Initial all that apply; write N/A if does not apply] a. pa unsupervised. b. supervised by the following specified responsible adult: c, at a. supervised visitation center located at: and shall be subject to the available times and rules of the supervised visitation center. The cost associated with the services of the supervised visitation center shall be paid by [] parent to whom the majority of overnight time-sharing with the child(ren) is awarded on a temporary basis herein [ ] other parent [ ] both: If specified, the level of supervision shall be: 16, Arrangements for Time-Sharing with Minor Child(ren). {Initial all that apply; write N/A if does not apply] a. NGA responsible person shall coordinate the time-sharing arrangements of with respect to the minor child(ren). If specifted, the responsible person shall be: {name} b. _! Other conditions for time-sharing arrangements as follows: Florida Supreme Court Approved Family Law Form 12.980(4)(1), Final Judgment of Injunction for Protection Against Domestic Violence with Minor Child(ren) (After Notice) (03/15)17. Exchange of Minor Child(ren) [Initial all that apply; write N/A if does not apply] af The parties shall exchange the child(ren) at [ ] school or daycare, or [ ] at the following location(s): b._]_ A responsible person shall conduct all exchanges of the child(ren). The [ ] Petitioner [ ] Respondent shall not be present during the exchange. If specified, the responsible person shall be: {name} Co Other conditions for exchange as follows: TEMPORARY SUPPORT 19. Temporary Alimony. [Initial all that apply; write N/A if does not apply] a, NA. The court finds that there is a need for temporary alimony and that [ ] Petitioner [ ] Respondent (hereinafter Obligor) has the present ability to pay alimony and shall pay temporary alimony to [ ] Petitioner [ ] Respondent (hereinafter Obligee) in the amount of $ per month, payable [ ] in accordance with Obligor’s employer’s payroll cycle, and in any event, at leasi once a month [ ] other fexplain} beginning {date} . This alimony shall continue until modified by court order, until a final judgment of dissolution of marriage is entered, until Obligee dies, until this injunction expires, or until {date} , whichever occurs first, b.NA [ ] Petitioner [ ] Respondent shall be required to maintain health insurance coverage for the other party, Any uncovered medical costs for the party awarded alimony shall be assessed as follows: c Wother provisions relating to alimony: Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection Against Domestic Violence with Minor Child(ren) (After Notice) (03/15)20. Temporary Child Support. [Initial all that apply; write N/A if does not apply] a.4_ The Court finds that there is a need for temporary child support and that [ ] Petitioner s [ ] Respondent (hereinafter Obligor) has the present ability to pay child support. The amounts in the Child Support Guidelines Worksheet, Florida Family Law Form 12.902(e), filed by [ ] Petitioner [ ] Respondent are correct OR the Court makes the following findings: The Petitioner’s net monthly income is $. » (Child Support Guidelines %). The Respondent’s net monthly income is $ , (Child Support Guidelines %). Monthly child care costs are $. . Monthly health/dental insurance costs are $. Amount. Obligor shall pay temporary child support in the amount of $. » per month payable [ ] in accordance with Obligor’s employer’s payroll cycle, and in any event at least once a month () other {explain}: > beginning {date} , and continuing until further order of the court, or until {date/event} , explain} If the child support ordered deviates from the guidelines by more than 5%, the factual findings which support that deviation are: [] Petitioner [ ] Respondent shall be required to maintain () health () dental insurance coverage for the parties’ minor child(ren) as long as reasonably available, OR () Health () dental insurance is not reasonably available at this time. Any reasonable and necessary uninsured medical/dental/prescription drug costs for the minor child(ren) shall be assessed as follows: Florida Supreme Court Approved Family Law Form 12,902(j), Notice of Social Security Number, is incorporated herein by reference. Other provisions relating to child support: 21. Method of Payment. [Initial one only} a. (4 Obligor shall pay any temporary child support/alimony ordered through income deduction, c. and such support shall be paid to the state disbursement unit. Obligor is individually responsible for paying this support obligation in the event that all or any portion of said support is not deducted from Obligor’s income. Obligor shall also pay the applicable state disbursement unit service charge. Until child support/alimony payments are deducted from Obligor’s paycheck pursuant to the Income Deduction Order, Obligor is responsible for making timely payments directly to the state disbursement unit. Temporary child support/alimony shall be paid through the state disbursement unit in the Office of the {name of county} Osceola County Clerk of Circuit Court. Obligor shall also pay the applicable state disbursement unit service charge. Income deduction is not in the best interests of the child(ren) because: | Other provisions relating to method of payment: Please make payments payable to: Clerk of the Court C/O Child Support 2 Courthouse Square Kissimmee, FL 34741 Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection Against Domestic Violence with Minor Child(ren) (After Notice) (03/15)SECTION IV. OTHER SPECIAL PROVISIONS (This section to be used for inclusion of local provisions approved by the chief judge as provided in Florida Family Law Rule 12.610.) SECTION V. DIRECTIONS TO LAW ENFORCEMENT OFFICER IN ENFORCING THIS INJUNCTION (Unless ordered otherwise by the judge, all provisions in this injunction are considered mandatory provisions and should be interpreted as part of this injunction.) 1, This injunction is valid in all counties of the State of Florida. Violation of this injunction should be reported to the appropriate !aw enforcement agency. Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions, except those regarding child support and/or alimony, which constitutes a criminal act under section 741.31, Florida Statutes. When inconsistent with this order, any subsequent court order issued under Chapter 61 or Chapter 39, Florida Statutes, shall take precedence over this order on all matters relating to property division, alimony, parental responsibility, parenting plan, time-sharing, child custody, or child support. 2. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA, AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES, The arresting agent shall notify the State Attorney's Office immediately after arrest. 3. Reporting alleged violations. If Respondent violates the terms of this injunction and there has not been an arrest, Petitioner may contact the Clerk of the Circuit Court of the county in which the violation occurred and complete an affidavit in support of the violation, or Petitioner may contact the State Attorney’s office for assistance in filing an action for indirect civil contempt or indirect criminal contempt. Upon receiving such a report, the State Attomey is hereby appointed to prosecute such violations by indirect criminal contempt proceedings, or the State Attorney may decide to file a criminal charge, if warranted by the evidence. 4, Respondent, upon service of this injunction, shall be deemed to have knowledge of and to be bound by al] matters occurring at the hearing and on the face of this injunction. 5, The temporary injunction, if any, entered in this case is extended until such time as service of this injunction is effected upon Respondent. 6. THIS IS A “CUSTODY ORDER” FOR PURPOSES OF THE UCCJEA AND ALL STATUTES MAKING IT A CRIME TO INTERFERE WITH CUSTODY UNDER CHAPTER 787 OF FLORIDA STATUTES AND OTHER SIMILAR STATUTES. DONE AND ORDERED at Osceola County, Florida on_ Oct Ile, 201 @ iS FCALDERON CIRCUIT JUDGE Florida Supreme Court Approved Family Law Form 12.980(8)(1), Final Judgment of Injunction for Protection Against Domestic Violence with Minor Child(ren) (After Notice) (03/15)COPIES TO: Sheriff of County Petitioner (or his or her attorney): ___by U.S, Mail as by hand delivery in open court (Petitioner must acknowledge receipt in writing on the face of the original order--see below.) by e-mail to designated e-mail address(es) Respondent (or his or her attorney): _____forwarded to sheriff for service by hand delivery in open court (Respondent must acknowledge receipt in writing on the face of the original order—see below.) ____ by certified mail (may only be used when Respondent is present at the hearing and Respondent fails or refuses to acknowledge the receipt of a certified copy of this injunction.) “_ State Attorney’s Office ____ Batterer’s intervention program (if ordered) State Disbursement Unit (if ordered) __Central Depository (if ordered) ____ Department of Revenue ____ Other, ICERTIFY the foregoing is a true copy of the original Final Judgment of Injunction for Protection Against Domestic Violence with Minor Child(ren) as it appears on file in the office of the Clerk of the Circuit Court of County, Florida, and thg hed copies of this order as indicated above, S idicial Assistant ACKNOWLEDGMENT 1, {Name of Petitioner} NICOLE YVONNE MONTALVO , acknowledge receipt of a certified copy of this Injunction for Protection. d | | fod Petitioner 1, {Name of Respondent} CHRISTOPHER OTERO-RIVERA , acknowledge receipt of a certified copy of this Injunction for Protection. Respondent RUSSELL GIBSON, Sheriff ICOLE YVONNE M VO _/ CHR: O' -RIVERA, Served at SO the_J(gdayof_g@7__, 2018 ss. LD Deputy Sheriff DRFJINWMC Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection Against Domestic Violence with Minor Child(ren) (After Notice) (03/15)CERTIFICATE STATE OF FLORIDA ) COUNTY OF OSCEOLA ) I, TAMMY L. ERVIN, RMR, RPR, Official Court Reporter, as authorized by Rule 2.070(c), Florida Rules of Court, and Administrative Order of the Ninth Judicial Circuit Numbered 07-98-44, certify that the foregoing CD copy of the proceedings held on October 16, 2018, in the case of Nicole Montalvo v. Christopher Otero-Rivera, 2018-DR-4250-DV, held in Courtroom 5D before the Honorable Luis Calderon, is a true and accurate duplication of the record. Dated this 17th day of December, 2019, in the City of Kissimmee, County of Osceola, state of Florida. KF bx ammy L.| Ervin, RMR, RPR Lead Court Reporter - Osceola 2 Courthouse Square Suite 1500 Kissimmee, Florida 34741 407-742-2482 EXHIBIT 3Judge Luis Calderon Nicole Yvonne Montalvo vs. Christopher Otero-Rivera 1 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA 5 NICOLE YVONNE MONTALVO, 6 Petitioner, 7 and 8 CHRISTOP HER OTERO-RIVERA, Case No.: 2018-DR-4250 9 Respondent, 10 11 HEARING HELD BEFORE THE HONORABLE: JUDGE LUIS CALDERON 12 TAKEN: PURSUANT TO NOTICE ON BEHALF 13 OF THE PETITIONER 14 DATE October 16, 2018 15 LOCATION: Osceola County Courthouse 16 2 Courthouse Square, Room 5D Kissimmee, Florida 34741 17 18 REPORTED BY: AMY F. GODOY Court Reporting Specialists 19 Court Reporter Notary Public 20 Commission No. GG 009006 Expires 7/14/20 21 22 23 24 25 EXHIBIT 4 Court Reporting Specialists, LLC 707 Mabbette Street Kissimmee, FL 34741 3; Page: 1 407-847-0330Judge Luis Calderon Nicole Yvonne Montalvo vs. Christopher Otero-Rivera APPEARANCES: ALSO ASHLEY FERRELL, ESQUIRE Brevard County Legal Aid 1038 Harvin Way, Suite 100 Rockledge, Florida 32955 321-631-2500 Representing the Petitioner PRESENT: Nicole Yvonne Montalvo, Petitioner Christopher Otero-Rivera, Respondent Court Reporting Specialists, LLC 707 Mabbette Street Kissimmee, FL 34741 004232 Page: 2 407-847-0330Judge Luis Calderon Nicole Yvonne Montalvo vs. Christopher Otero-Rivera TABLE OF CONTENTS NICOLE YVONNE MONTALVO OCTOBER 16, 2019 APPEARANCES 2 TESTIMONY OF NICOLE YVONNE MONTALVO DIRECT EXAMINATION By Ms. Ferrell 7 CERTIFICATE OF REPORTER 13 EXHIBITS (None marked) Court Reporting Specialists, LLC 707 Mabbette Street Kissimmee, FL 34741 004233 Page: 3 407-847-0330Judge Luis Calderon Nicole Yvonne Montalvo vs. Christopher Otero-Rivera PROCEEDINGS THE COURT: Number 23-A on the docket, Case Number 2018-DR-2450, Nicole Yvonne Montalvo and Christopher Otero-Rivera. MS. FERRELL: Ashley Ferrell, on behalf of my client, Nicole Montalvo. THE COURT: All right. And Mr. Otero-Rivera. Sir. Has he been sworn in? THE CLERK: Yes. THE COURT: All right. All right. And, Mr. Otero-Rivera, I'm not sure if your criminal case directly falls on point with regards to these allegations that are made in the petition; however, it is a related case, and I just want to advise you that if you want to testify today, you may do so, but by doing that, you'd be waiving your right to not incriminate yourself, and any testimony that you give could be used against you in that criminal procedure. You understand that? MR. OTERO-RIVERA: Yes, sir. THE COURT: All right. All right. So, ma'am, could you please Court Reporting Specialists, LLC 707 Mabbette Street Kissimmee, FL 34741 004234 Page: 4 407-847-0330Judge Luis Calderon Nicole Yvonne Montalvo vs. Christopher Otero-Rivera state your name. MS. MONTALVO: Nicole Montalvo. THE COURT: And, Ms. Montalvo, is everything you stated in your petition true and correct? MS. MONTALVO: Yes. THE COURT: All right. And, sir, did you receive a copy of that petition? You have not received a copy of it? MR. OTERO-RIVERA: Of what exactly? THE COURT: Of the petition for a domestic violence injunction. MR. OTERO-RIVERA: Oh, yes. THE COURT: All right. Did you have an opportunity to review that petition? MR. OTERO-RIVERA: Yes. THE COURT: And do you want to go forward with the hearing with regards to that petition? So, you wanna have a hearing, you can. We'll take testimony and I'll make a decision with regards to it. Or you can waive the right to that hearing and the Court can make a decision as to whether or not it's appropriate to put that injunction in place. MR. OTERO-RIVERA: Okay. So I have to see Court Reporting Specialists, LLC 707 Mabbette Street Kissimmee, FL 34741 Page: 5 RS a 0123: ° ¢ 407-847-0330Judge Luis Calderon Nicole Yvonne Montalvo vs. Christopher Otero-Rivera 1 (inaudible). 2 THE COURT: So you want to waive your 3 right to a hearing? 4 MR. OTERO-RIVERA: Yes, sir. 5 THE COURT: All right. 6 All right. Now, you understand that if I 7 grant this injunction due to your waiver, that 8 there will be an injunction in place, which 9 means you will not be able to have any contact 10 with Ms. Montalvo. You understand that? 11 MR. OTERO-RIVERA: The only thing I would 12 ask is just to be able to have contact with my 13 son. 14 THE COURT: Well, we can get to that ina 15 second. This is just with regards to the 16 injunction. All right? 17 With respect to the injunction, it will 18 also be required that you not own or possess a 19 firearm while this injunction is in place. 20 MR. OTERO-RIVERA: Yes, sir. 21 THE COURT: Okay. So having waived the 22 right to a hearing, I have reviewed the 23 petition. I do find that there is sufficient 24 evidence presented in that petition with 25 regards to domestic violence. Court Reporting Specialists, LLC 707 Mabbette Street Kissimmee, FL 34741 ooi2g6 Page: 6 407-847-0330Judge Luis Calderon Nicole Yvonne Montalvo vs. Christopher Otero-Rivera Ms. Ferrell, do you want to inquire with 2 regards to the length? And then we'll take 3 some testimony with regards to any other 4 provisions. All right? 5 MS. FERRELL: Yes, Your Honor. Okay. 6 Thank you. 7 x * * 8 NICOLE YVONNE MONTALVO, 9 THEREUPON TESTIFIED UPON HER OATH AS FOLLOWS: 10 DIRECT EXAMINATION 11 BY MS. FERRELL: 12 Q Ms. Montalvo, how old is the child that 13 you have together with the Respondent? 14 A He's seven years old. 15 Q Okay. And are you currently married to 16 the Respondent? 17 A Yes. 18 Q And how long has that marriage been? 19 A Seven years. 20 Q Okay. And how long have you -- is -- 21 prior to this incident, was the child -- were you 22 living together, the three of you, as a family, or 23 were you living, yourself, with the child? 24 A As a family. 25 Q Okay. And was the child present when the Court Reporting Specialists, LLC 707 Mabbette Street Kissimmee, FL 34741 i237 Page:7 407-847-0330Judge Luis Calderon Nicole Yvonne Montalvo vs. Christopher Otero-Rivera 1 Defendant -- sorry -- when the Respondent caused a 2 robbery, kidnapping, tampering with felony 3 proceedings, aggravated assault with a deadly 4 weapon, battery and petit theft? Was the child 5 present when that occurred? 6 A No, he was not. 7 Q Okay. And were you the victim of that 8 alleged crime? 9 A Yes. 10 Q Okay. And can you -- currently, right 11 now, are you residing in the marital home? 12 A No. 13 Q Okay. And where are you staying? 14 A With my mom and dad. 15 Q Okay. And why is that? 16 A Because I didn't want him (inaudible) near 17 the situation anymore. 18 Q Okay. Are you in fear, at this time, of 19 the Respondent? 20 A Yes. 21 Q Okay. Do you have concerns with him 22 communicating with his son? 23 A No. I don't mind him talking to his son. 24 He's a good father. But our relationship is not 25 gonna work and our son is hurting. Court Reporting Specialists, LLC 707 Mabbette Street Kissimmee, FL 34741 ooi2ge Page: 8 407-847-0330Judge Luis Calderon Nicole Yvonne Montalvo vs. Christopher Otero-Rivera 1 Q Your son is hurting? Isn't it true that 2 your son stays with his paternal grandparents on 3 Saturdays? 4 A Yes. 5 Q And that you would have no problem with 6 the Respondent having telephone conversations with 7 your grandson [sic] when he is at the paternal 8 grandparents' home? 9 A Yes. 10 Q Okay. And currently is the Respondent 11 paying any support for the child? 12 A No. 13 Q Okay. Is it true that, in fact, he has 14 lost his job since being arrested for this crime? 15 A Yes. 16 Q Okay. 17 MS. FERRELL: Nothing further, Judge. 18 THE COURT: All right. And with regards 19 to timesharing, Mr. Otero-Rivera -- this has 20 nothing to do with your criminal case -- are 21 you satisfied with having telephonic contact 22 with the child while he's at your parents' 23 house? 24 MR. OTERO-RIVERA: Yes, sir. 25 THE COURT: Is that -- is that enough for Court Reporting Specialists, LLC 707 Mabbette Street Kissimmee, FL 34741 ooi2ge Page: 9 407-847-0330Judge Luis Calderon Nicole Yvonne Montalvo vs. Christopher Otero-Rivera you? MR. OTERO-RIVERA: (Inaudible.) THE COURT: Okay. Well, this is what I'm going to do: I'm going to grant the injunction. I'm going to put it in place for two years. If there's any violation of this injunction, ma'am, either through letters from the jail or phone calls from the jail, I want you to immediately notify the Court. If Mr. Otero-Rivera is released and has any contact with you and you feel that you're in immediate danger, you should contact law enforcement first. Also notify the Court and let me know that there's been a violation of this Court's injunction. But I am going to allow him to have telephone contact with the child when he's at his parents' house. H