IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT,

IN AND FOR PALM BEACH COUNTY, FLORIDA

FAMILY DIVISION

VICTOR H. WAITE, Case No.: 50-2021-DR-003548-XXXX-MB

Petitioner/Husband,
and

JACLEN A. MILO-WAITE,
Respondent/Wife.
_________________________________/

WIFE’S VERIFIED EMERGENCY MOTION FOR TEMPORARY RELIEF

COMES NOW, the Respondent/Wife, JACLEN A. MILO-WAITE, by and through her

undersigned counsel, hereby files this Verified Emergency Motion for Temporary Relief and in

support thereof would state as follows:

I. BACKGROUND:

1. The parties were married on or about February 6, 2009 in Broward County, Florida.

2. There are four (4) minor children born of this marriage; to wit:

a. J.A.W., whose year of birth is January 10, 2005;

b. A.N.W., whose year of birth is February 16, 2009;

c. B.J.W., whose year of birth is June 21, 2010; and

d. C.R.W., whose year of birth is December 13, 2013.

3. The parties separated on or about October 2020, however the parties have continued to
reside together at the marital residence, with the minor children, since their separation.

4. The marital residence is located at 7439 Kingsley Court, Lake Worth, Florida 33467.

5. Pending before this Court is the Husband’s Petition for Dissolution of Marriage with Minor
Children and the Wife’s Counter Petition for Dissolution of Marriage with Minor Children.

II. REQUEST FOR EMERGENCY COURT INTERVENTION AND AN

EXPEDITED HEARING

6. The Husband has been repeatedly interfering with the Wife’s use of the marital home and
 has been consistently harassing the Wife in a threatening manner, often instigating and
starting intense arguments, often in front of the parties’ children.

7. The Wife is fearful for her safety and the children’s safety as well,since the Husband’s
behavior has been escalating and worsening on a daily basis. The Husband has continued
to display toxic and very disturbing behavior towards the Wife, with the children
witnessing their Fathers’ erratic and volatile behavior. The Wife is not only concerned
about the physical aspect of safety, but also about the affect on the children’s and her
mental health.

8. There is a history of domestic abuse and violence (physical and verbal) against the Wife,
perpetrated by the Husband, in this case. The Husband is unable to control his anger or
emotions and engages with the Wife in an extremely emotionally and verbally abusive
manner. The Husband’s behavior often worsens when the Wife chooses to not engage or
respond to him.

9. On September 14, 2020, after the Wife refused to engage in conversation with the Husband
via text, the Husband took the Wife’s clothing and belongings and dumped them in the
bathroom tub and sent the Wife a picture of what he had done via text message. Attached
hereto is a screen shot of the text message exchange and the photograph that the Husband
sent to the Wife.

10. On October 26, 2020, before the commencement of this action, the Husband’s behavior
escalated and the parties were engaged in a domestic incident resulting in the Husband
being arrested and charged with misdemeanor domestic battery. A no contact order was
entered in Palm Beach County Criminal Case Number 50-2020-MM-008365-AXXX-MB.

11. The morning of the incident, the parties engaged in an argument due to the Husband
removing the Wife from his car insurance and then later blocking the Wife’s access to the
internet preventing her from working. Later that evening, while the Wife was watching
TV, the Husband kept turning the TV off and baiting the Wife into an argument. When the
Wife did not engage, the Husband became more and more irate and angry. The Husband
ripped the parties’ living room TV off of the wall while stating that he “pays for the
electricity” and that the Wife “cannot watch TV” because he pays for it. The Wife
attempted to remove herself from the situation by hiding out in the parties’ daughters’
room, taking her cell phone and a remote which controls the parties’ TV and the Wife’s
computer with her. The Husband followed her to the room and busted through the door,
behind which the Wife was hiding. The Wife was pushed against the wall and the Husband
then physically grabbed the Wife, attempting to take her cell phone and the remote away
from her, ensuing in a physical struggle. The Wife was on the ground and the Husband was
on top of her, grabbing and pushing her around. The parties’ 16 year old daughter (who
was 15 years old at the time) witnessed the entire incident and physically put herself
between the parties to get the Husband to stop. Once the Husband got off of the Wife, the
Wife called the police and after statements were taken, the Husband was arrested for
misdemeanor domestic battery. When the Husband was being taken away by the police
officers, the Husband yelled at the parties’ daughter and told him that she is “dead to him”
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 and to “never speak to him again.”. The Wife and daughter both gave statements to the
police.

12. The next day, while the no-contact order was in place, the Husband called the Wife,
threatening that he would no longer pay the mortgage or support the Wife and the parties’
children, in violation of the no contact order. Thereafter, the Husband showed up to the
parties’ residence, with police escorts, to obtain some personal belongings from the
residence. During this time, the Husband stole the Wife’s laptop which she became aware
of after he left. Later that same day, the Husband called the Wife again, asking her to talk
and try to work things out. At this time, the Wife requested that he laptop be returned to
her or she would be filing a police report. That evening, the Husband returned to the
residence, without police escorts, and instead of leaving the laptop in the mailbox, like the
parties had discussed, the Husband entered the marital residence through the garage,
despite being aware of the no-contact order in place. The Husband announced, in front of
the children that he had nowhere to go and had no money. The children heard their Father
and begged their Mother to let him stay and have dinner with them. The Mother allowed
the Father to stay for dinner with them, with the understanding that he needed to leave after
dinner.

13. After dinner, upon the Husband leaving the marital residence, the Mother locked the doors
and removed the batteries from the automatic keypad so that the Husband could not enter
the residence, due to concerns for her safety and because the no-contact order was in place.
The Husband, while at dinner, took a spare key from the residence and after he left, returned
and used the spare key to enter the residence. The Wife was afraid of what would happen
if she called the police or told the Husband to leave. The Husband slept on the couch that
night and the Mother slept in her room with the parties’ daughter, with the door locked.

14. The next day, the Husband called the Wife again in an attempt to resolve their issues,
concerning their impending divorce. At this point, the parties had noticed that there were
some technical errors on the police report and the Husband advised the Wife that he would
be attempting to get the case dismissed and that he would depose the parties’ daughter in
an attempt to contradict her statements contained in the police report. He urged the Wife
to work with him to come to an agreement about the parties’ separation and repeatedly
pressured the Wife to withdraw her statement and the allegations she made against him.

15. A couple weeks later, during a call with the district attorney, the Wife indicated that she no
longer wanted to press charges. This was a direct result of the Husband’s behavior and
actions during the preceding weeks, wherein he repeatedly asked the Wife to drop the
charges and repeatedly told her that she would affect his job, career as an attorney, and his
and the children’s livelihood. The Wife succumbed to the pressure and the Husband’s
manipulative tactics, under the assumption that the parties would reach a settlement
agreement regarding their divorce and because of the guilt she felt for the Husband’s claims
that she was “ruining his life”, the life of the Father of her children. The case was ultimately
dropped on November 30, 2021.

16. Since this time, the parties have been attempting to come to an agreement regarding their
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 divorce and the Husband has continued to start arguments with the Wife in front of the
children, often cursing at the Wife and displaying erratic, emotionally unstable and volatile
tendencies. The children have witnessed multiple instances of their Father being unable to
control himself or his anger and display inappropriate behavior in front of the children.

17. The Husband has repeatedly threatened to take away the oldest daughter’s cell phone, often
engaging in heated arguments with daughter, causing the daughter stress and anxiety,
especially because she uses her cell phone to keep track of her diabetes and sugar/insulin
numbers.

18. The Husband has involved the oldest daughter in the parties’ marital business, when the
Wife has repeatedly asked him to control himself and not involve the children or let them
know what is happening between the parties. The Husband has accused the oldest daughter
of taking her mother’s side and has repeatedly made extremely inappropriate comments to
the daughter such as “don’t take that slut’s side, she is sucking dick and getting fucked up
the ass”.

19. On or about May 12, 2021, due to the Husband’s constant harassment and beratement of
the Wife, the Wife decided to stay in a hotel for a couple of days for her mental health and
sanity. Upon her return, the Husband again started an argument with the Wife, and the
parties’ oldest daughter entered the room. The Husband proceeded to tell the daughter that
“your Mother was in a hotel getting fucked by men.”

20. The Husband has involved the parties’ oldest daughter in his personal business with the
Wife to a highly inappropriate and toxic degree. The daughter has been stressed, anxious,
visibly upset and has told the Wife that she wants to run away and never wants to see her
Father again. The Wife is extremely concerned about the affect the Husband’s actions and
behaviors are having upon the parties’ children, especially since he is showing no signg of
attempting to shield the children from the parties’ marital issues.

21. Often, if the Wife doesn’t immediately respond to the Husband’s calls or texts, the Husband
will involve the parties’ daughter and attempt to contact the Wife through the daughter’s
cell phone, despite the Wife repeatedly telling the Husband to not involve the parties’
children.

22. The Husband also tracks the Wife, through the children’s phones since she shares her
location with the children. This makes the Wife feel extremely uncomfortable, anxious and

23. On June 2, 2021, the Husband expanded on his harassment of the Wife and began to text
and harass the Wife’s friends. The Husband went through the Wife’s phone records and
ran a skip trace search to obtain the name and phone number of an acquaintance/friend of
the Wife, with whom she had gone on one date with. The Husband proceeded to text the
friend and had found and texted the friend his address, stating, “you could keep ignoring
me. I’ll just knock on your door.” Attached hereto is a screenshot of the text messages.

24. The same day, the Husband also reached out to the Wife’s friend, Carla Rodrigues and
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 engaged in a disrespectful text engage, wherein he referred to Ms. Rodrigues as a “2 faced
bitch” who “lives in a roach infested house” and stating he had “so much info” on the Wife
that she might be “weekend parent and owe him child support”. He further threatened Ms.
Rodrigues, that he would depose her and that she would “go to jail” if she did not show up.
Attached hereto are screenshot of the text message conversation between the Husband and
Ms. Rodrigues.

25. On June 3, 2021, the Wife came home to the marital residence to find out that the Husband
had changed the locks to the home and the Wife was unable to enter the home on her own
and had to repeatedly knock to be let into the home. Upon entering, another toxic and
volatile argument ensued between the parties with the children present as witnesses.

26. On June 4, 2021, when the Wife attempted to retrieve some of her personal belongings
from the parties’ joint safe, the Husband interfered and in an attempt to stop the Wife from
removing her belongings and documents from the safe, violently and physically grabbed
and try to block the Wife, causing her hand to get lodged in the safe. The parties engaged
in a heated argument due to the Husband’s refusal to allow the Wife to obtain items from
the parties’ safe all while the children were home and in close proximity.

27. The Wife has been subjected to the Husband’s anger, harassment and toxic behavior on an
almost daily basis, often in front of the children and the Wife is fearful of the Husband’s
behavior escalating further. Adding to the Wife’s concerns is the fact that the Husband has
two (2) guns that he keeps in the marital residence. Due to the Husband’s erratic, violent
and hostile behavior, the Wife is afraid that the Husband will lose control, as he often does,
and use his guns or any other potential item as a weapon against her and/or the children.

28. The Husband’s behavior is extremely inappropriate and abusive and is detrimental to the
health and well-being of the Wife and the parties’ minor children. The Wife immediately
needs this Court’s intervention to ensure the safety of herself and the parties’ minor
children.

III. REQUEST FOR EXCLUSIVE USE AND OCCUPANCY

OF MARITAL RESIDENCE

29. The Wife is in need of the exclusive use and possession of the parties’ marital home
together with the furniture, fixtures and furnishings contained therein.

30. Since the parties’ separation, the Wife has been subjected to a volatile and hostile home
environment due to the wrongful and harassing behavior of the Husband, as outlined above.

31. The Wife has been sleeping on the couch and no longer feels comfortable or safe being in
the same home as the Husband. The Wife has had to resort to staying with friends at night
and she has even had to get a hotel room on one occasion, as she is extremely
uncomfortable and frankly fearful of remaining in the marital home with the Husband.

32. The Wife is actively trying to move out of the Marital Residence and secure new living
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 arrangements as she can no longer subject herself to the Husband and his irrational,
unpredictable and abusive behavior.

33. The Wife has submitted applications for several different apartments and is currently
waiting for responses. However, there are very limited options for a 3 bedroom apartment,
that she can afford.

34. The Wife is requesting exclusive use and occupancy of the marital residence until she is
able to secure a new residence which has suitable accommodations for the parties’ children.

35. In the alternative, the Wife is requesting that this Court Order the immediate sale of the
marital residence and Order that the proceeds from the sale of the residence be equally split
between the parties, with the option of the Husband being able to refinance the home into
his name, and buying the Wife out of her share of the equity in the marital property.

IV. REQUEST FOR TEMPORARY TIMESHARING AND CHILD SUPPORT

36. The Wife is requesting shared parental responsibility of the minor children pursuant to
Florida Statutes 61.13.

37. The Wife is requesting that this Court immediately implement a temporary parenting plan
wherein she and the Husband exercise equal timesharing with the parties’ (4) minor
children.

38. The Wife is requesting that she shall have the children every Monday and Tuesday for
overnights and the Husband shall have the children every Wednesday and Thursday for
overnights.

39. Further, the Wife is requesting that the parties shall alternate having overnight timesharing
with the children on weekends (Friday to Sunday). Weekends shall begin afterschool or at
5pm on Fridays and shall end with Monday morning school drop off or drop off to the other
parents’ home by 9:00am.

40. This temporary timesharing schedule shall apply to the three (3) youngest children and the
parties shall have a different schedule for the oldest child, J.A.W, based on her preference,
due to her age and existing health conditions.

41. The Wife is also requesting that this Court enter a temporary and permanent Child Support
Order, pursuant to Florida Statutes and the Child Support Guidelines.

42. Additionally, due to the hostile and aggressive nature of the parties’ telephone and text
message exchanges, the Wife requests that the parties communicate via Talking Parents,
Our Family Wizard only, during the pendency of these proceedings.

V. REQUEST FOR TEMPORARY SPOUSAL SUPPORT

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 43. The Husband has been the primary wage earner throughout the marriage and the
Husband has the present ability to provide for the Wife and maintain the status quo
of the marriage.

44. The Husband has limited and/or prevented the Wife’s access to their marital bank accounts
and thereby has severely limited the Wife’s access to funds.

45. On or about June 3, 2021, the Husband removed himself from the parties’ joint bank
account and advised the Wife that he will no longer be contributing to this account. This
account is/was the parties’ main account, which they primarily utilized to pay their
reoccurring monthly bills, such as _______.

46. The Husband is financially alienating the Wife and essentially bullying her. The
Husband’s behavior is improper and unreasonable, and his actions are in bad faith and
harmful to the Wife and children.

47. Said actions by the Husband have left the Wife with little means to support herself or the
household. The Husband is not currently providing any consistent support to the Wife.

48. Wife is in need of spousal support, both temporarily and permanently, and the Husband is
well able to pay spousal support to the Wife.

49. The Wife requests that this Court Order the Husband to pay her temporary alimony during
the pendency of these proceedings.

VI. REQUEST FOR TEMPORARY INJUNCTION TO PREVENT DISSIPATION OF

MARITAL ASSETS AND TO PRESERVE THE STATUS QUO

50. Wife requests that this Court enter an order to enjoin the Husband from the following,
without consent of Wife or Order of this Court:

a. Dissipating, disposing, encumbering, withdrawing, selling, transferring,

concealing, destroying or permitting the dissipation, disposal, encumbrance,
withdrawal, sale, transfer, concealment or destruction of the assets of any
party, including but not limited to real property, stocks, bonds, cash, contents
of any safe deposit box, or any tangible personal property or intangible
personal property.

b. Making withdrawals from or liquidating any account with a financial

institution, including but not limited to checking, savings or money market
accounts, and certificate of deposits, except as authorized by this Court.

c. Incurring any debt, except as authorized by this Court.

d. Withdrawing from, liquidating, borrowing against, or reducing any

employee benefit plan (such as retirement, profit-sharing, pension, or other
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 similar plan), any individual retirement account or Keogh account, or any
life insurance policy relating to the parties, or changing or altering the
beneficiary designation of any such employee-benefit plan, account or life
insurance policy.

e. Cancelling, altering, allowing to lapse, or otherwise affecting the coverage of

any insurance policies that insure the health of the parties or any property of the
parties, including the Wife’s car insurance.

f. Terminating or otherwise affecting utility services and/ or, including water,

electricity, gas, telephone, cable television, or other such services, or
withdrawing any deposits therefor.

g. Signing or endorsing the other party 1s name on any negotiable instrument

(such as a tax refund, insurance payment, and dividends payment), or
attempting to negotiate any such negotiable instrument payable to the
parties or to Husband.

h. Terminating or limiting credit or charge cards in the name of the parties or

Wife.

i. Opening or diverting mail addressed to Wife.

j. Destroying or altering any records of any kind of the parties or Wife,

including but not limited to financial records, computer files, e-mail or other
electronic data.

51. As stated above, the Husband removed himself from the parties’ joint bank account and
advised the Wife that he would no longer be contributing to same. Further, he informed the
Wife of his intention to remove the Wife from his car insurance in the upcoming weeks.

52. The parties have also been discussing putting the marital residence up for sale. Because of
the Husband’s threats and wrongful behavior, the Wife is concerned that the Husband
might attempt to list and sell the marital residence without her knowledge and consent.

53. As such, the Wife requests that this Court enjoin the Husband from dissipating, depleting,
secreting, pledging, encumbering, transferring ownership, or otherwise squandering away
any marital assets and to Order the Husband to maintain the status quo.

54. Injunctions in marital dissolution cases are specifically provided for In Florida Statute
61.11, Rule 12.610 Florida Family Laws Rules of Procedure and Rule 1.610 Florida Rules
of Civil Procedure.

VII. REQUEST FOR ATTORNEY FEES AND COSTS

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 55. As a direct result of the Husband’s actions, the Wife was forced to file this instant
Motion and incur additional attorney’s fees. The Wife requests that the Husband
pay the Wife's attorney's fees and costs, both temporarily and permanently,
according to Section 61.16, Florida Statutes, as the Wife has a financial need and the
Husband has the ability to pay.
56. The Wife has retained the undersigned counsel to represent her in this action and
has agreed to pay reasonable attorney's fees, costs and suit money for which the
Husband should be responsible as he has the ability to do so.

57. The Husband has always earned the majority of the income for the home and is in a superior
financial position to pay attorney’s fees and costs on behalf of the Wife.

58. It is impossible for the Wife to properly prepare for the pending matters in this
litigation without financial assistance.

59. In assessing the Husband’s ability to pay the Wife' attorney's fees and costs, the
Court should consider the Husband's income, assets and financial resources,
pursuant to Florida Statutes §61.16.

60. Other grounds shall be argued ore tenus.

WHEREFORE, the Respondent/Wife, JACLEN A. MILO-WAITE, respectfully

requests that this Honorable Court:

A. Grant this Verified Emergency Motion for Temporary Relief;

B. Schedule an expedited hearing on this Motion;

C. Enter an Order awarding the Wife the exclusive use and possession of the marital
residence, and the contents thereof, temporarily, until the Wife is able to secure
alternate housing accommodations or in the alternative, Order the immediate sale of
the marital residence and Order that the proceeds from the sale of the residence be equally
split between the parties, with the option of the Husband being able to refinance the home
into his name, and buying the Wife out of her share of the equity in the marital property;

D. Develop a temporary timesharing schedule wherein the parties exercise 50/50

shared timesharing with the minor children, as outlined herein;

E. Order Child support pursuant to Florida Statutes and the Child Support Guidelines
on a temporary and permanent basis;

F. Order the Husband to pay the Wife's spousal support temporarily;

G. Require Husband to pay the mortgage payment and utilities (including water,
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 wastewater, electricity, gas, and waste or trash disposal and internet/cable) for the
marital residence during the pendency of this proceeding, until the home is sold or
refinanced into the name of the Husband alone;

H. Restrain and enjoin Husband from the all actions described in Section IV, without
written agreement of Wife or order of Court.

I. Order the Husband to pay the Wife’s attorney's fees, cost and suit monies for having
to file this instant Motion, pursuant to Section 61.16, Florida Statutes, along with
anticipated attorney's fees and costs;

J. Granting any such other and further relief as this Court deems just and proper under
the circumstances.

VERIFICATION

The matters and facts set forth in the foregoing in this Verified Motion for Temporary

Relief are true to the best of my knowledge, information and belief.

Dated: June 4, 2021

_______________________________
JACLEN A. MILO-WAITE

STATE OF FLORIDA
COUNTY OF PALM BEACH

Sworn to and subscribed before me this ___ day of June, 2021 by Jaclen A. Milo-Waite
and produced _______________________ as identification.

_______________________________
NOTARY PUBLIC

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 CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy of the foregoing has been filed with the Clerk of

Court on this _____ day of June, 2021, via the Florida E-Filing Portal and shall be served upon the

Petitioner/Husband, Victor Waite via email/e-service.

//s// Sofiya Shoaib, Esquire

Erica J. Busch, Esq.
Florida Bar No.: 104716
Sofiya Shoaib, Esq.
Florida Bar No: 126617

MAGNOLIA LAW, PLLC

Attorneys for Respondent/Wife
101 NE 3rd Ave, Suite 1500
Ft. Lauderdale, FL 33301
Telephone: (954) 451-0088
E-mail: erica@magnolialawfirm.com
E-mail: sofiya@magnolialawfirm.com

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