Abuse of a Jacksonville Florida Restraining Order
October 2, 2008
Posted In: Domestic Violence , Violation of Injunction
By Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas on October 2, 2008 2:14 PM
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As Jacksonville Florida Domestic Violence Attorney, I have seen cases where restraining orders (injunctions for protection against violence) are needed and cases when the are abused. Not every person that files for an restraining order needs one. Sometimes, people petition for an injunction against for protection against violence as a tool. For example, I represented a man (John) for a violation of a domestic violence injunction in Jacksonville, Florida. The alleged victim (Jody) was his girlfriend. They had a "love-hate" relationship. Before I met John, Jody had a restraining order issued against him in Jacksonville, Florida (Duval County). After the injunction was issued, they worked things out and moved in together. On day, the couple had an argument, and she called the Jacksonville Sheriff's Office. John was arrested for Violation of an Injunction for Protection Against Violence. He taken to the Duval County Jail in Jacksonville Florida. The prosecutor filed charges against him and pursued the case.
Eventually, I was able to get the charges dropped. However, technically, he was guilty of Violation of an Injunction for Protection Against Violence in Jacksonville, Florida. Due to the injunction, John was not to have any contact with Jody. It doesn't matter if Jody initiates the contact or wants to have contact with John
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LOL, I was talking with my 40 year old Son last week about the abuse of restraining orders and orders of protection, and he said "Dad, ...
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The same basic thing happened to Me!
ReplyDeleteThere is something wrong with a Law that allows the "victime" who has the restraining order against you to contact you.
But if you contact them, you go to Jail.
In a well meaning effort to Protect real victims of Domestic Violence, we have placed incredible power in the hands of vindictive ex wifes, lover, etc.
Why should they be allowed to entice you into contacting them, and be able to have you incarcerated whenever they feel like it ?
To make matters worse, once you get arrested for a violation of a restraining order, or stalking, or whatever the Prosecutor/Police see fit to charge you with, it effects your credit rating, ability to get a job, and your ability to find a new romantic partner!
After all, now, you are a "Stalker" or an "Abuser of Women".
People tend to think " If he was arrested, he must be guilty" !
Just try and explain to a new woman you just meet about how your ex wife/girlfriend set you up ?
A series of restraining orders (beginning in March 2000)culminating with an injunction (Feb 2006) have been used by my wife/ex-wife as a tool: first, the injunction is based on a lie (perhaps perjury...); second, she has violated the orders on multiple occassion in what I call a bait & switch. As of late, she has directly implicated the children in her schemes.
ReplyDeleteThese orders enable her to marshall the law at any time for any reason -- however contrived in her testimony to ensure perpetual punishment in the form of alienation and incrimination.
These orders are not earnestly to protect, but rather, are the means to an end.
I have lost much as a consequence of the orders -- the enforcement - while observing firsthand a so-called justice system that neither enforces - nor is concerned with - the veracity of testimony; but instead, confers impunity -- the privilege to say anything...and everything!