Restraining Order Blog got this question from a reader in Tampa Florida who emailed it to us,
So my ex of 16 years had a restraining order put on me in Tampa 2 weeks ago, he did it by lying saying I came to his house in North Tampa and started physically hitting him which of course didnt happen but that's besides the point. Here is my question, we have 4 children togather and he is now violating his own Hillsborough County Restraining Order showing up at my house and I don't know what to do if there is anything I can do any legal advice would help please.
So my ex of 16 years had a restraining order put on me in Tampa 2 weeks ago, he did it by lying saying I came to his house in North Tampa and started physically hitting him which of course didnt happen but that's besides the point. Here is my question, we have 4 children togather and he is now violating his own Hillsborough County Restraining Order showing up at my house and I don't know what to do if there is anything I can do any legal advice would help please.
The unfair hillsborough county restraining order laws here in Tampa Florida actually allow him to contact you all he wants. This is because the restraining order he got in Tampa is against you, not him. You must get your own restraining order against him, and I suggest you do it before there is any new domestic violence. If he shows up again, call Tampa Police or the Hillsborough County Sheriffs Department. The Police will make a report, and it will greatly help you get a restraining order.
ReplyDeleteHi Chris,
ReplyDeleteThese last 6 months have been insane for me. I do was accused of violation of a restraining order (Granted on alleged "Hear-say" of calling my ex two vulgar words" for the term of 24 months.. which also cut my parental rights from 50/50 to every other weekend.. if she showed up.) because I called my ex whom we have a seven year old child, to advise her I was having chest pains and was going to the emergency room.
I called her phone a total of three times, one time leaving a message advise her of the situation. She never did answer my phone calls or reply to the one text I sent.
Thankfully my parents were able to watch our daughter at this time.
Three weeks later I filed a motion of contempt against my ex for not showing up for the court ordered visitations and not allowing my 15 min phone call per night to speak to my daughter.
Fifteen minutes after she was served with the papers I was reported to DCF for child abuse by her for allegations of forcing my daughter to consume alcohol (keep in mind she is seven years old, and the claims of this goes back to January of 2011..But just happened to report it now which was 5/1/2011)
I was investigated the same night for these allegations by a DPS worker and Sheriff Dept. Officer and was treated like scum of the earth dispute I had over 2,000 sheets of court papers and filings from lawyers and the clerk of the court.
Very long story short, The CPS worker advise my EX to file a restraining order against me on behalf of our daughter. - The court heard the case and dismissed the case, the next day I was contacted again by the CPS worker saying they had an emergency hearing sent for Saturday 7:30 AM (She called me at 7:00pm to advise me of this, good timing? Not being able to get a hold of a lawyer on a Friday evening).
I went to the hearing and the CPS worker had basically taken everything my EX had said about me and make it written in stone - going as far as the CPS worker under oath saying I was baker acted and had mental issues, only to find out it was not me and it was a mix up (But they used it to get the court order granted).
End result of the emergency hearing, I was able to contact my lawyer and my lawyer and myself did show up to court on that early Saturday morning. Despite no hard facts, and only hear-say the judge granted that my parental rights be revoked.
Just in the past few days I had the hearing for the phone call made during an emergency. The state dropped the case after 3 hearings. (And $2,500 later)
The Department of Children and Families is a business to collect money, take children away from family's and adopt them out to other families for a price. (Selling our children)
I have not been able to see or speak to my seven year old daughter since the end of February now. And it does not seem like I will be able to till next year the way DCF / CPS is dragging their feet in court because they have nothing to go on.
We the people need to really stand up and be heard... It's only going to get worse.
http://www.thepetitionsite.com/1/florida-department-of-child-and-families-dcf-power-abuse/
The police and criminal justice system only cares about a conviction where I live, in Hillsborough County, Florida. Though my ex girlfriend has well documented mental problems, they took her word over mine, and used the never ending resources of the criminal justice system to railroad me into pleading guilty. This is my story http://www.restrainingorderblog.com/2009/10/chriss-restraining-order-story.html and it is why I founded this restraining order blog.
ReplyDeleteEveryone cares abut their family especially for the innocent children's. It is better to know first the things between you and to your loved one. Sometimes you must be aware on the legal rights of each state to have a better understanding about the things that may happen in the future especially in the matter of violation.
ReplyDeleteI suggest that you should seek legal help at this moment. It is unusual that someone who filed for a restraining order will be the same person who will violate it.
ReplyDelete