Restraining Order Violation ?
Our Blog gets a lot of restraining order questions from our readers. Here is a person who wants to know IF he intentionally violated a restraining order. I will give my opinion in a comment below the blog post. I am not a criminal defense attorney, and can only give my opinion, based on my experience with restraining orders.
My ex and I broke up aug 2009. Was not the best break up but really needed to happen. At the end of the relationship I was unable to get all of my things. She would not let me and even got a lawyer involved. Nothing productive ever ended up happening. From time to time I would call her nothing harrissing but just a phone call maybe once a month.
I then bought my first home april 2010. Shortly after that I went to her house knowing that she still had many of my things. I first called the police dept to see if there was any orders in place there was not. I got to her house she would not answer the door. She talked through the door and said she was gonna call the cops. I said that I the best thing to do. The cops showed up and helped me get my things out. I thought all went well.
A month later she filed for a restraining order it was then granted. Fast forward to aug 2010 my new girl friend and I went to a bar to see some friends and her sister who was home for the week from Florida. I live in new Hampshire. My new girl friend and I arrived ordered a drink a piece and started to say hi to everyone. There were about 15 friends there. I took a Couple of sips then went outside for a cigeratte with some friends. After being out there for 5 min a friend of mine said your ex just walked out behind you. I was really nervious at this point. I put out my cigeratte them went is to retrieve my tab so I could leave. The server came over almost the same time I got back in. She said your ex is here and was asking a bowncer to throw you out because of the order. She then said we can not throw you out. I said I am leaving now anyway I don't need any of this drama. I gave her my card did not wait to sign and attempted to leave out the back door. Apperantly she had already called the cops. The cops came and charged me with violating the order. Already went to a bench trial was found guilty now I have to wait for my jury trial.
Do regular people feel I violated the order?
Our Blog gets a lot of restraining order questions from our readers. Here is a person who wants to know IF he intentionally violated a restraining order. I will give my opinion in a comment below the blog post. I am not a criminal defense attorney, and can only give my opinion, based on my experience with restraining orders.
I then bought my first home april 2010. Shortly after that I went to her house knowing that she still had many of my things. I first called the police dept to see if there was any orders in place there was not. I got to her house she would not answer the door. She talked through the door and said she was gonna call the cops. I said that I the best thing to do. The cops showed up and helped me get my things out. I thought all went well.
A month later she filed for a restraining order it was then granted. Fast forward to aug 2010 my new girl friend and I went to a bar to see some friends and her sister who was home for the week from Florida. I live in new Hampshire. My new girl friend and I arrived ordered a drink a piece and started to say hi to everyone. There were about 15 friends there. I took a Couple of sips then went outside for a cigeratte with some friends. After being out there for 5 min a friend of mine said your ex just walked out behind you. I was really nervious at this point. I put out my cigeratte them went is to retrieve my tab so I could leave. The server came over almost the same time I got back in. She said your ex is here and was asking a bowncer to throw you out because of the order. She then said we can not throw you out. I said I am leaving now anyway I don't need any of this drama. I gave her my card did not wait to sign and attempted to leave out the back door. Apperantly she had already called the cops. The cops came and charged me with violating the order. Already went to a bench trial was found guilty now I have to wait for my jury trial.
Do regular people feel I violated the order?
Here in Tampa Florida, a restraining order can only be violated IF she was there first, and you KNEW she was there. If you can prove that you had no idea she was there in a public place, you should be able to get the conviction overturned. My friend was in Church, did not see his EX who had a restraining order against him. She called Tampa Police, they came, and SHE had to leave Church, LOL
ReplyDeleteIt turned out He was there first!
Simply prove you were there first, and did not see her, easy enough to do with all your witnesses ? Also, try to get the wait staff's help, and if any remember you being there first, she is screwed. What a vindictive POS your ex is, to get you arrested in a public place for violating a restraining order, when you had no idea she was even there.
She was in NO "Danger" in a public place from you, yet she still called to have you arrested.
What happened I guess is just an accident. It's just that, you are not lucky enough to avoid the "restraining order" since you doesn't even know that she was also there at the bar. If the court comes between you already, then maybe everything will be settled at their proper place in due time.
ReplyDeleteDuring the bench trial the processcuter tried to say they I should have left as soon as i saw her. I ended up going inside to give the server my credit card. I didn't even wait to sign. I was just leaving out the back door
ReplyDeleteWell, the order has already been passed, we have nothing to do with it and you violate it. Maybe she had a bad parting with you. What if you will get back on her?lol!
ReplyDeleteHi Chris, it's been a while! My mutual no contact order with my asshole/petitioner, is up on June 20th. However, as I've now had 2 of the witnesses for him come forward and apologize, and admit that he asked them to lie, ( they didn't, another woman did, however), I've written to the judge to ask that our MUTUAL no contact order be extended.
ReplyDeleteHe's been telling people I'm an "admitted" stalker. First of all, stalkers NEVER admit that they're stalking. Secondly, stalkers are waiting with baited breath, for the order to expire, so they can continue contact. I'll wager a little bet, that my petitioner shows up in court to contest the extension, which would be further proof, that he lied in order to get the first one. The Suwannee County prosecutor "passed" on our perjury charges. There is a rancid stench of small town corruption here...I'm not kidding, but...there's a new judge in town..and ex marine, yeah! The hearing is Wed., I'll keep you posted. I'm praying to God, that my ex comes to court, lies on the spot, and I can demand to have him arrested on perjury charges, right then an there. We'll be video taping in front of the courthouse before and after the hearing. I'll keep you posted. For updates, go to: http://andrasszieberthtro.blogspot.com/
Please, keep me and all our readers posted :)
ReplyDeleteMy son's wife called the police to have domestic violence charges filed against him. He thought it was a joke. He did not do anything to her. They came and arrested him , took him to jail on 50,000.00 bond. She filed a restraining order and devorce papers on the same day. It's been 2 1/2 months now and he's abided by everything according to the courts. He's had no contact with her. He has to see his 4 kids for one hour twice a week with a monitor at child and family services, pays her thousands of dollars a month. Now she is making up more things saying he has violated his restraining order, sending the cops to arrest him. He has done nothing wrong! He lives in fear of constantly going to jail and being falsely accused. This is unjust! It's not innocent until proven guilty, it's guilty until proven innocent! What third world country are we living in? If he goes to jail, she gets nothing. This makes no sense for her to do this. What can my son and his attorney do to turn this around?
ReplyDeleteif i was granted a protective order by the courts in port saint lucie fla. against my next door neighbor who was found guilty for battery on me and did her jail time and 1 yr gps probation keeping her 1 1/2 miles from my home and ordered to move out of her home next to mine also during her yr probation. Now her probation is completed and she has requested to move back into her house next to mine which is within the 500 ft the current protective order say's she has to be from my home. Does the judge have to allow her to move back into her house due to her "constitutional right's" to live in her home, even if the house is in forclosure and it is rented for the past 2 yrs and still is??? I'm in fear of my life of being attacked again with her living right next door again.
ReplyDelete