Creating This Hillsborough County Restraining Order Blog

Being a victim of violating a fradulently obtained hillsborough county florida restraining order, I created this blog for several reasons.
#1 - I knew there were others just like me who needed to tell their restraining order story.
#2 - To clear my good name and prove that I am not a "stalker"
#3 - To provided support and encouragement to others who have had a restraining order slapped on them.

My 6 year dating relationship is over, she has "moved on", and so have I.
Unfortunately, in Hillsborough County Florida, the sheriffs office maintains a web site where your arrest record is on display for all to see.
This makes it difficult, if not impossible, to meet somene else.
All they see is that you were arrested and charged with Aggravated Stalking and Violating a Restraining Order in Hillsborough County.
They never see that your ex girlfriend tricked you by living at your home, borrowing 4900.00 from me,  making bank deposits for you, and calling you almost 100 times from her phone during the restraining order she had against you!
They never hear her saying "Chris, the restraining order is just a piece of paper, we can see each other, no one will know"
They never saw the TWO motions she filed to drop the restraining order, leading me to THINK I could trust her.
They never see the Hillsborough County Sheriffs Police Report with my ex admitting she allowed me to contact her, and that I even found her new apartment for her, and moved her into it!!
ALL this during a restraining order.
Nope, all the prospective new women I meet see is that I am a "stalker' and Iviolate restraining orders !
 My case is FAR too complicated to explain w/o documented evidence to back up my side of the story.
So, I created this restraining order blog, and tagged my story under "Chris's Story".
My purpose is not to "get back" at my ex girlfriend, only to clear my name by presenting true facts, as I understand them.
Here I am posting on a free legal advice forum, asking for legal advice.


My purpose in creating this restraining order blog is shown below.

» TheLaw.com legal advice forum » Criminal Law » General - Criminal Law » Avoiding Slander - Harassment - Violating Restraining Order Charges

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10-23-2009, 11:43 AM #1

ka7niq

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Avoiding Slander - Harassment - Violating Restraining Order Charges



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Jurisdiction/Place: USA - Florida



I made this blog restrainingorderblog dot com to tell my side of the story.

In Tampa, anyone can go to the police website and see anything you have been arrested for.

I am having trouble finding a new relationship, because I look like a violent criminal.

In fact, my ex girl tricked me into violating the restraining order, to try and put me away!

CAN I publish my side of the story on my Blog ?

Can I* use her whole name, or just her first name, or maybe refer to her as my ex girlfriend ?



She lied in court, under oath, and I have a cancelled check made out in her name to prove it, along with court transcripts!

Can I show these on my Blog ?



Any tips to avoid getting in troouble, yet still save my good name ?





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10-23-2009, 02:09 PM #2

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Truth is an absolute bar to liable and slander. You can use her name, though I would be careful doing so. I would not tell people where she was and I would be careful not to appear to be trying to get people to contact her on your behalf.



But as far as telling your side of the story, tell away; tell the truth.

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10-23-2009, 02:41 PM #3

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Quote:

Originally Posted by jharris352

Truth is an absolute bar to liable and slander. You can use her name, though I would be careful doing so. I would not tell people where she was and I would be careful not to appear to be trying to get people to contact her on your behalf.



But as far as telling your side of the story, tell away; tell the truth.



I plan to use her name ONLY for what I can absolutely prove, like the check she wrote out, that I signed, and loaned to her during the restraining order.

I will show court transcripts of her courtroom testimony on my Blog.



Where I live, everybody knows everybody.

Everywhere I go, I get asked "Why did you stalk a woman, or violate an order for dating Violence ?



It is way too complicated and time consuming to explain to each and every person.



I just figured I would point them to the blog, and allow them to decide for themselves ?



I am not trying to ruin her name, just protect mine.



People need to know IMHO that IF she was so "scared" f me, what was she doing living/borrowing money/working for me, etc, etc, etc.

Several people SAW us constantly together during the restraining order.

The hillsborough county florida victims assistance advocate, and the states attorney BOTH knew all about it!

Yet, getting their conviction was more important then examining the facts of this case.



IMHO, the facts are "If she was so "scared" of me, why was she still with me, during all of this ?



Right now, in my town, I am a stalker, as far as many are concerned.



I hope to show on my blog, that she is a liar, and prove it with facts.

IOW, tell and SHOW the truth, backed up with facts!





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10-23-2009, 03:11 PM #4

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Were you convicted of something?





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10-23-2009, 03:23 PM #5

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Quote:

Originally Posted by raskalnikov

Were you convicted of something?



Yes, well, I was so overcharged, and bond was set at 200,000.00, that I was facing financial ruin sitting in jail.

I was charged with 12 violations of a restraining order basically, but in tampa, the third violation is upgraded to felony aggravated stalking!

So, I faced two felony aggravated stalkings, and 8 misdemeanors.

I was looking at 10 years in Prison, and NEVER harmed her in any way, except to call her, while she was calling me!



It is my opinion, something is wrong with a Law designed to "protect" a woman, that allows her to sleep, live, eat, work for me during a restraining order, but arrests me when ever she sees fit ?



That is exactly what happened to me!



Yes, my stupidity, I already know.



I am currently on 3 years misdemeanor probation, and the no contact order is still in place.





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10-23-2009, 03:31 PM #6

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Yah, this seems to happen all the time. The law is in favor of women in a lot of ways, sentencing, child custody cases, and as you are now aware, restraining orders/etc.





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10-23-2009, 04:19 PM #7

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Quote:

Originally Posted by raskalnikov

Yah, this seems to happen all the time. The law is in favor of women in a lot of ways, sentencing, child custody cases, and as you are now aware, restraining orders/etc.



There is msomething wrong with a law that grants a woman a restraining order, based on her fear, yet when she demonstrates she is not scared of you by living with you, contacting you, etc, etc, you can still go to jail!





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10-23-2009, 04:42 PM #8

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I have always thought that restraining orders should be a two way street. If you don't want him around you, then you should not voluntarily be around him.

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10-23-2009, 04:49 PM #9

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Quote:

Originally Posted by jharris352

I have always thought that restraining orders should be a two way street. If you don't want him around you, then you should not voluntarily be around him.



Exactly!

How can you swear under oath, you need protection, yet have a relationship while a restraining order in still in place ?

This is what the victims assistance advocates and man hater groups do to a woman.

I will admit to yellaing at her, a time or two, but never in a threatening manner.

And NEVER did i put my hands on her, or hurt her in any way physically.



I am convinced she was coached into deceiving me, so I would violate the restraining order enough times to be sent to Prison!



I THOUGHT that the States Attorney in Hillsborough County Florida would see through this crap, and not prosecute me.

How wrong I was !



This law must be changed!



I am all for protecting women.



But IMHO, a restraining order shouild be declared null and void the minute she contacted me, much less moved IN with me ?

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Restraining Order Blog is not meant to harass, directly or indirectly contact, harm, imtimidate, bring any emotional distress, stalk or cyberstalk, nor intentionally slander or damage any individual in any way.
Nor is it intended to initiate any third party contact on behalf of any poster or author, or violate a current restraining order in any way. If you feel there is anything on our Restraining Order Blog that is slanderous, untrue, or illegal, please bring it to our attention. Our Restraining Order Blog Legal Staff will examine your request promptly, and any post you find offensive will be reviewed and possibly removed in a timely mannner

hillsborough county victims advocate

hillsborough county victims advocate
I see the hillsborough county victims advocate as a waste of taxpayer dollars.
In my court case, my ex girlfriend wanted to drop the charges, and was also living with me.
She told me she was "scared to death" of the hillsborough county victims advocate.
She told me the hillsborough county victims advocate told her she could be prosecuted for obstruction of justice, and possible Perjury if she did not proceed with the prosecution!
Perhaps she was even "coached" to say this by the hillsborough county victims advocate, so I would be upset with the hillsborough county victims advocate, and not her ?

When my ex girlfriend was staying at my home during a restraining order, she often talked to the hillsborough county victims advocate on the phone when I was present.
I clearly heard the hillsborough county victims advocate tell her to get any and all things belonging to her out of my home.
The hillsborough county victims advocate said "You are weakening our case" to my ex girlfriend.
In my case, the hillsborough county victims advocate "did her job".
In my opinion, the "Job" of the hillsborough county victims advocate is to secure a conviction for the hillsborough county states attorney, at any cost!

The hillsborough county victims advocate assigned to my case was well aware my ex girlfriend and I were still seeing each other!
IMHO, this alone should have cast serious doubt about her allegations of "being scared of me".

It is also my opinion that both  the hillsborough county victims advocate, and the states attorney, being sworn officers of the court, had a duty to inform the original judge who issued the restraining order that my ex girlfriend was having daily contact with me!

My ex girlfriend admits in this HCSO Police report I found her the new apartment she just moved into!
IS this a "woman in fear", or a woman simply using the criminal justice to get her own way?

Did the hillsborough county victims advocate do this ?
Not on your life, she did what she was paid to do, secure a criminal conviction for the states attorney, w/o regard to doing what was right.
This is my recent experience with one hillsborough county victims advocate.

hillsborough county florida restraining order

hillsborough county florida restraining order

It puzzles me why a Tampa area resident served with a hillsborough county restraining order will be put in the hillsborough county jail for violating a  restraining order, yet his ex can contact him all she wants ?
To get a hillsborough county florida restraining order, a woman must claim fear, and say she is  in danger.
I submit that if she is contacting a person who has a hillsborough county restraining order she got against them, she Lied about being scared and in fear !

Citizens and Taxpayers of hillsborough county florida , read the above HCSO Police Report, and be amazed and bewildered.
Just LOOK at what our hillsborough county criminal justice system is doing ?
Is it not obvious to any Taxpayer or concerned citizen of hillsborough county florida, that my ex girlfriend tricked and used me to  move her, and pick out her new apartment ?
And, after she used me, she enlisted the aid of the hillsborough county sheriffs office to get rid of me.
The hillsborough county state attorney's office and the victims assistance advocate assisted my ex girlfriend in her sinister plan!
WTF is wrong with our hillsborough county criminal justice system, don't they READ HCSO Police Reports in violation of a restraining order cases ?
Or, do they just turn a blind eye, and pursue a restraining order violation conviction, no matter what, because hillsborough  is a "Zero Tolerance" County?
Well Taxpayers and concerned citizens, I intend to put the hillsborough county state attorney's office to a "Zero Tolerance" test!
I have all the evidence of blatant and willful Perjury by my ex girlfriend finally all together.
It took me awhile, waiting on several certified hillsborough county circuit court transcripts, to prove that Perjury in Court was committed by my ex girlfriend against me.
My Attorney and I will be asking the hillsborough county florida state attorney's office for Felony Prosecution of my ex girlfriend for HER crimes.
We shall see indeed if hillsborough county florida  is really a "Zero Tolerance" county ?
I will report the course of action the hillsborough county florida state attorney chooses to take in this case, one way or the other to the Taxpayers of this county.
If the hillsborough county assistant states attorney can prosecute me on my ex girlfriends whim, after I freaking moved her into an apartment during a hillsborough county florida  restraining order, and she admits to allowing me to contact her, why can they not prosecute HER  for Perjury I can easily prove ?
Stay tuned to restraining order blog Taxpayers, if you are curious about what the states attorney of hillsborough county will do with evidence of her multiple counts of Perjury in an official proceeding, under their "Zero Tolerance" Policy!

Is any Taxpayer curious why the hillsborough county sheriffs department will arrest people for a violation of a hillsborough county florida restraining order, when they have evidence the ex is having repeated contact with the restrained ?
Kind of shoots the "Claim Of Fear" she used to get the order in the first place out the window, Duh ?
And, why does the hillsborough county state attorneys office prosecute cases where contact by the person who obtained the hillsborough county florida restraining order is evidenced ?
A hillsborough county florida restraining order should be declared null and void if wanted contact is known to be happening between the parties.
How can a person claim to be in fear, go and get a  restraining order in hillsborough county, then demonstrate otherwise by being in contact with the person she has the hillsborough county florida restraining order against  ?

Hillsborough County Restraining Order Blog is intended for educational and informational purposes only. Some posters are court ordered to have no contact of any kind with the person having a Restraining Order in Hillsborough County Florida against them. Meaning no third party contact as well. If you by chance know a person one of our posters/authors is discussing to share their Florida Restraining Order experiences with others, we ask you to respect our rights to free speech, under the United States of America Constitution. Hillsborough County Florida Restraining Order Blog is not meant to harass, directly or indirectly contact, harm, imtimidate, bring any emotional distress, stalk or cyberstalk, nor intentionally slander or damage any individual in any way.  It is not intended to initiate any third party contact on behalf of any poster or author, or violate a current restraining order in any way. If you feel there is anything on our Hillsborough County  Restraining Order Blog that is slanderous, untrue, or illegal, please bring it to our attention ASAP. We will examine your request promptly, and any post you find offensive will be reviewed for removal in a timely mannner. If you have a restraining order story to share, email me at ka7niq@yahoo.com, and I will add you as an author on this Hillsborough County Florida Restraining Order Blog.

Robert's Restraining Order Nightmare

First I want to thank Chris for this blog. I have been reading it for hours today. I have had a similar restraining order issue, that I would like to share with you. It is essentially on par with Chris's story with a few twists.

I met my wife in 2000 in Tampa. We were good friends, but we were not dating at all. In early 2001 we made the jump to a committed relationship, at a stop light in Los Angeles, California, and we got married. We shared a son together, Jason, whom I loved more then anything else in my life, that anyone that knows me can attest.

In 2003 we moved back to Florida, as I took a job in the Tampa area. She was happy to get back near her family, and so was I. In 2003 we had a fight, which turned physical for both of us. I was 100 percent in the wrong, and I will not deny that, and I was arrested for domestic battery.

As one may suspect, I was brought to the jail and awaited trial. A few weeks into my incarceration I was served with a temporary injunction, filed by Daina, my wife. I was reading the petition and I immediately noticed the plethora of lies that she stated as fact, such as me being arrested multiple times for domestic battery. I have only been arrested (to this day) for this one charge of domestic battery. In her statement she was did not allege there was any violence of any sort regarding our son. This was also corroborated with an investigation by the Department of Child and Families.

I was pretty upset at her false allegations, and I waited impatiently for the day I would be allowed in court. I was told that even though I was incarcerated I would be allowed to present my case. I was not permitted to court, and she was given a permanent injunction without me even being able to plead my case and the blatant inaccuracies in her statement, which would easily be proven to be false. Even when I did not get a chance to go to court, I wrote a long letter to the Judge regarding the false allegations and the ease to disprove these accusations.

I was offered a plea for my domestic charge, and with the hopes of getting out of jail, I took it. This was an isolated incident with her but I was no doubt guilty of my charges. My brother picked me up from jail and took me to his house. Within hours Daina called me and wanted to come over. I agreed and we met the next day. I told her that I was going to get a lawyer and contest the injunction, but she told me that since I didn't show up and she didn't go to court that there was no injunction. I took her at her word, still being much in love with her.

From 2003 until 2006 we lived together in Tampa. I was offered a position in Jacksonville, Florida and I decided to take the job. I moved to Jacksonville while she stayed at our house in Tampa. I visited her and our son as much as possible, generally every weekend. Once the lease was up in Tampa, we decided that we would not continue the lease and Daina and my son would move to Jacksonville, where I was living.

I can not say that I was not happy to have my family back together again, and I did everything I could to ensure that they had everything that they needed. I worked over 60 hours a week and I was rarely home.

One night, while I was home alone, I got a knock on the door. I opened it to reveal two Duval county Sheriff officers on the porch. I naturally asked if I could help them, and they asked me what my name was. I told them my first and last name, they then asked me if my wife lived there. Thinking that something may have happened, I admitted that she did indeed live there as well. I was then promptly handcuffed and told I was violating a restraining order. I told them there was not an active order, and that it was dropped according to Daina. I even offered to leave at the time until it was sorted out, but I was not afforded that opportunity. I was guilty, case closed.

It did not matter, I went to jail for the violation of the order. Thinking this was a big mistake, I called my wife at home from the jail to straighten it out. These calls added more charges to my case and got me a stalking charge! No one even answered the phone!
I did not know for a few weeks that she actually called the police and had me arrested. We rarely fought, so I honestly thought it was a mistake and it took me a while to accept this personally.

My lawyer got my record from Hillsborough County that clearly showed that I was never served with the permanent order, and on top of that Daina kept giving the court a false address for me so I would never be served. We lived together and she did not know where I lived? It did not matter, the Judge found my guilty of the charge and I was given 6 months of jail and one year of probation. I almost lost my career because of this.

I was served MONTHS AFTER I got arrested. I was still found guilty, it does not matter if you were ever aware of the injunction.

So when I got out of jail, none other then Daina was there to greet me. After so many months in jail and still having feelings for her, I went with her. I knew that she had some mental issues, and I just accredited the past few months as a little bump. We stayed together for a few weeks in Tampa after I got out, I then went back to Jacksonville to work for another company. At that time I decided not to take her, I was too scared to go to jail and I came to my senses. She invited herself to Jacksonville with me, reminding me that every time I upset her she could just call the cops. She lived in another county, but that did not stop her from calling me. I would date other women and she would threaten that if I did not see only her she would call the cops. If I didn't help her with her bills she would call the cops. Through this time I was still seeing my son, which was against the injunction, even though no complaint about me being anything but loving to my son was given to the court.

So here I am, with two options:
1. See her and do what she wants, violating the injunction and putting me at criminal risk
2. Do not see her, follow the injunction and she will call the cops and have me arrested.

The last time I saw her and my son was Christmas of last year. She showed up at my Mothers house (where we always get together for Christmas) with our son, Jason. They spent a few hours there and I enjoyed the time with Jason. She would try to sit on my lap while we were together, but I pushed her away, as of this time I was done with her and everything about her.

Since my son was involved, I went with option one. What a mistake! The cops were never called and things went well. She ended up getting in to drugs and getting arrested quite a bit (she is in jail now), so I felt that I needed to do something regarding my son's well being. He is in a boarding school (she felt he should be there so she did not have to take care of him), but I was no less concerned about him.

I finally filed for divorce with a parenting plan regarding my son. Since she was in jail, my lawyer and I an emergency order for the well bring of Jason. We had a hearing this past Thursday and the judge asked Daina when the last time I saw Jason was. She told him that I saw him on Christmas, but under threat. She actually told the Judge that I found out she was in Tampa, tracked her down and threatened her to bring Jason over so I could see him. She also stated that she was only there for 5 minutes and she left because my son was so scared of me. This could not be so far from the truth, they were there for a few hours and Jason and I played together, talked and did things any normal father would do. The court is going to believe that I can call her and threaten her to let me visit with Jason and she would drive 25 minutes to my Mothers house instead of calling the cops?

The court instructed me to go back to the original court that issued the injunction to modify it or transfer the custody issue. I am worried about this, I have to go in front of the Judge that issued the order. Daina is clearly going to lie to the Judge, and there is not a thing I can do about it. There was never an accusation of me being a threat to my son, until Thursday. I am sure that this is going to carry over to this hearing, possibly getting me arrested.

Needless to say I am stressed and a little scared about filing this motion. I will completely lose my career if I get put in jail, I almost lost it when I went the first time.

So what do you do with a woman that is not going to tell the court the truth, and tell lies to make sure that she gets what she wants? I have been wondering that all night. It makes you wonder if she even thinks about our son and how much he wants to be able to see me. This is not important to her at all.

I am not a violent guy at all, I can get upset easily at times, but anyone that knows me will also tell you that I prefer to leave the situation as opposed to fight with anyone. Because of Daina and her willingness to lie to the court, I may never get a chance to see my son again. This is tearing me apart. I am not even sure what I am going to do. A part of me wants to just drop any type of visitation or interaction with my son, but the other part wants to fight it. It is not right. I love my son as much as anyone else, but I may possibly be denied being with my son because of lies? I can not believe that no proof is needed, simply her word. Where is the justice?

I can not deny that the thought of not talking or seeing my son does not bring me to tears more often then I would like to admit. I am even in tears writing this, simply thinking about the prospect of not seeing my son, who I love more then anything else in the world.

These laws have to change, simply because someone says they may fear you should never take you away from your own son. I really do not care if I ever talk, let alone see, Daina for the rest of my life, but is it fair that she can simply deny me the joy of being a father to my son, simply because she does not want me to?

I will admit I am under a lot of stress fighting this, and I am not sure what I will be doing. It almost seems that the only option I have available is to give up my only son, which feels like it is not an option to me.

I will update everyone on the outcome.

Tampa Restraining Order Hearings Attorney

Tampa Restraining Order Hearings Attorney

This article was written by the Sammis Law Firm in Tampa.
It contains excellent information about Restraining Orders In Hillsborough County, Florida.



Temporary Restraining Orders
If you have been served with a "petition for an injunction for protection against domestic violence or repeat violence," also known as a restraining order, seek immediate advice on defending yourself against the accusation in Tampa, Hillsborough County, FL, or the surrounding counties of Polk County, Pasco County or Pinellas County. Domestic violence injunctions are serious matters with serious consequences.



Any restraining order is public record that can be uncovered by employers during a job search or when you are considered for a promotion. While the injunction is in effect, you lose certain civil rights, including the right to possess a firearm. Contact an experienced Tampa attorney that handles injunction of protection against domestic violence or repeat violence.


The Allegation of Domestic Violence:



Any man or woman claiming to be the victim of violence can apply for an injunction for protection against domestic violence or repeat violence (restraining order) in Florida. The person filing the petition is called the petitioner and the person that is the target of the petition is called the respondent. The petition can be filed by anyone over the age of eighteen (18) to protect the petitioner and the petitioner's children.



The Initial Determination:



The court system first decides whether it will grant an temporary injunction on an ex parte basis (after only considering the petitioner's allegations). The court will then schedule the final hearing for 15 days later. During those fifteen days attempts are made to serve the respondent. In many cases, the Respondent's criminal defense attorney can request a continuance in order to take the Petitioner's deposition. The hearing is then usually rescheduled for 15 days later during which time the temporary restraining order is continued. At the final hearing, the Respondent's criminal defense attorney can cross-examine the petitioner and present other testimony and evidence.



Injunction for Domestic Violence in Hillsborough County, FL:



Hillsborough County has special circuit family law divisions that hear each petition for an injunction against domestic violence or repeat violence in Tampa and Plant City, FL. The Injunction for Protection (IFP) Against Violence Program for Hillsborough County is located at the George Edgecomb Courthouse Facility, 800 East Twiggs Street, Rm 101, Tampa, Florida, 33601. The program is open Monday through Friday from 8 a.m. to 6 p.m., and from 7 a.m. to 10 a.m. on Saturday, Sunday and holidays.

The Loss of Certain Civil Rights

If a final injunction for protection is granted against you in Florida, serious consequences can result including the following:



1.The injunction can be enforced in all 50 states;

2.You may be required to leave your home, and prevented from seeing your child, or order to pay child support;

3.You may not be able to purchase a firearm or other weapon, including ammunition;

4.The injunctions can have serious effects on your family law, divorce, alimony, or child custody case;

5.If it is alleged that you violated the order, you can be arrested for violation of a domestic violence injunction or violation of a repeat violence injunction

which is a first degree misdemeanor;

6.You could be charged with stalking or aggravated stalking which are felony charges that usually carry a "no bond" provision;

7.You could be subject to deportation or your application for citizenship would be affected;

8.A professional licenses may be affected;

9.Your employment applications may be affected, especially for job that require a background check, or the possession of a firearm;

10.Your application for housing may be affected;

11.Your admission to universities, colleges, or the military may be affected; and

12.Your eligibility for certain scholarships and/or federal grants may be affected.

Federal law, 18 U.S.C.A. Section 922(g)(8-9), prohibits any person from owning, possessing or using a firearm or ammunition under the following circumstances:



1.If the man or woman has been been convicted of any misdemeanor act of domestic violence, including domestic assault or domestic battery; or

2.If the man or woman is the subject of a court order that does one of the following:

■Was granted after the person received notice and had the chance to participate before the order was granted;

■Provides for some kind of restraint of the individual from stalking, threatening or harassing a domestic relation, or if the order prevents any actions that would place another domestic relation in reasonable fear of bodily injury or harm;

■Provides a finding that the person is a credible threat to the safety of the domestic relation; or

■Prevents the use of physical force against the domestic relation that would reasonable by expected to cause bodily harm.

Domestic Violence Restraining Order



A restraining order for domestic violence may be requested by any man or woman who claims to be the victim of domestic violence or who claims to believe that he or she will soon become the victim of domestic violence in Florida. To qualify as "domestic violence" under Florida law the incidents described in the petition must have occurred between a husband and wife, a former husband and wife, people related by marriage or blood, people who are living together as an intimate couple, or parents who have a child in common. The domestic relationship is usually defined to include gay or lesbian couples who have lived together in an intimate relationship.



Repeat Violence Restraining Order



In order to file a restraining order petition for repeat violence in Tampa, Florida, a person must claim to have been a victim of two acts of violence or stalking committed by another. At least one of those incidents must have occurred within the last six (6) months. The person filing the petition must also show that the relationship is "domestic" because the petitioner is related to the person against whom the petition is targeted as a spouse, former spouse, live-in lover, relative by blood or the parent of the petitioner's child. If the petitioner is merely a friend, neighbor, boyfriend, business associate, or roommate then a petition or a retraining order for repeat violence should not be granted.



Dating Violence



Dating violence under Florida law refers to violence between two individuals involved in an intimate or romantic relationship that was significant and continued for some extended period of time within the last six months. Dating violence does not include ordinary relations, whether business or social, between two individuals who did not engage in or have an expectation of engaging in intimate or sexual relations. An order for protection from dating violence is only appropriate when a battery, assault, stalking, kidnapping or false imprisonment allegation is made.


Temporary Restraining Orders are Usually Granted

After the person claiming to be the victim of domestic or repeat violence files a petition in Florida, the paperwork is submitted to the judge. If the court grants the request the injunction for protection or retraining order will be granted on a temporary basis until the respondent can be served and appear at a hearing to address the accusations. The time and date of the hearing will be written on the notice. The sheriff's department will serve you with the injunction for protection or repeat violence restraining order in Hillsborough County Florida.

Injunction for Protection or Restraining Order Hearing



At the hearing for the restraining order in Florida, the judge will hear testimony from the petitioner and respondent. The judge can grant the restraining order, continue the restraining order hearing, or dismiss the restraining order. The court has broad discretion to fashion a restraining order or domestic violence protective order which can include the following requirements:



■A provision that prevents you from contacting the alleged victim at the alleged victims’ home, place of employment, child care facility, school, or other location;

■Provides that you can not go within a certain number of feet of the alleged victim;

■A “no-contact” provision that prevents you from calling, e-mailing, texting, or using a third party to contact the alleged victim; and

■A provision which requires you to pay the petitioner money on a monthly basis as temporary child support;

■A provision which provides for the circumstances and times at which you can visit your child, called a temporary child visitation order.

The restraining order under Florida law will stay in effect until it expires, or is dismissed or modified by the court.



Allegation of Violation of an Injunction for Protection Against Domestic Violence (Restraining Order)



If an Order for Protection is granted and then violated, the petitioner can file an Affidavit of Violation of Injunction in the Clerk of Court's office where the alleged violation occurred, including Hillsborough County, Polk County, Pasco County, or Pinellas County, FL. A violation can occur if the petitioner alleges that the respondent violated the order by having direct or indirect contact with the petitioner. The police will be notified and can obtain a warrant to arrest the respondent for violating the Order of Protection. In other cases, the respondent can be ordered to appear for a hearing to answer charges that the Florida Restraining Order was violated.



The State Attorney's Office in Florida will review the Affidavit of Violation of Injunction or Restraining Order to determine whether to file a criminal charge for violation of injunction, which is a first degree misdemeanor punishable by twelve (12) months in the county jail. An additional violation can occur if the petitioner alleges that the respondent intentionally touched or struck the petitioner. If physical contact is alleged, then the State Attorney's Office can file an additional criminal charge of "Domestic Violence Battery" pursuant to Florida Statute Section 784.03(1)(a), which is a misdemeanor punishable by 12 months in the county jail. Finally, a violation can occur if the respondent does not do something required by the Order for Protection, such as pay child support.



Allegations that you violated a Domestic Violence Order of Protection or Restraining Order are treated seriously by the courts in Hillsborough County, Pinellas County, Polk County, Pasco County, Florida. If it has been alleged that you violated an injunction, contact an experienced Tampa domestic violence attorney.



Defense Against False Allegations



We have all read newspaper headlines about horrific acts of domestic violence throughout Florida, including Tampa, St. Petersburg and Clearwater. The domestic violence laws were intended to prevent these terrible acts. When a false allegation is made, however, the consequences can be equally devastating.



When an accusation is made, with or without any independent facts to support those allegations, the court will routinely grant the protective order on a temporary basis pending a hearing. Few of the these requests are denied. According to a 2005 article in the Illinois Bar Journal, restraining orders are unfortunately considered by many as one part of the "gamesmanship of divorce." If a false allegation is made, then evidence must be gathered to carefully refute that allegation. The fact that a permanent injunction is granted is a fact that can be used during a Divorce or Family Law case.



A temporary restraining order or domestic violence order of protection is a serious legal remedy with serious legal consequences. Under Florida Statute Section 741.30(1)(a), once the retraining order has been issued and served the subject of the order may not legally possess a firearm. Losing this important civil right demonstrates just how seriously the legislature treats these kinds of domestic violence issues.



Although men are most frequently the target of a domestic violence protective order, it is becoming more common for women to be the target of these accusations. Women are particularly vulnerable to false accusations made during domestic violence protective order hearings.



When the man is the target, it is all too common that a wife or girlfriend will want to end a relationship with the father of her children or resolve financial disputes. By making a false allegation of abuse or fear of domestic violence, the mother can accomplish many things, including having the father removed from the home and preventing the father from seeing the children. The temporary retraining order can be granted after the court reviews only the application made by the person who alleges the incident occurred. The other side does not have an opportunity to respond until a full hearing can be held. Once you are served with a copy of the restraining order by the sheriff’s department, you must act quickly. At the hearing, the court may hear testimony from both sides, and consider other evidence that is presented. The court can decide to continue the restraining order or dismiss it.



Sometimes called the “poor man’s divorce court,” the temporary domestic violence requests and hearings can be prone to abuse. Only by hiring an experienced attorney can the respondent defend against false accusations often motivated by a desire to gain an advantage in a future family court hearing. Especially when children are involved, it is important to protect all of your rights so that the best outcome for you and your family can be achieved.



If the order has already been granted can it later be dismissed or modified?



Another common scenario occurs when a temporary or permanent restraining order is granted, and then the person who applied for the restraining order (the petitioner) wants to reconcile or get back together with the person subject to the order (the respondent). The restraining order is in effect until it is dismissed by the court, regardless of what the petitioner tells you. If the petitioner desires to have the restraining order dismissed, the petitioner must appear in the Clerk’s office and complete certain paperwork. Even after the paperwork is completed, the order remains in full force and effect until it is dismissed by the court.



The court may set the case for a hearing before deciding whether to dismiss the restraining order. You should never discuss with the petitioner your desire to have the restraining order modified or dismissed because doing so could result in a violation of the order or additional criminal charges. You are not allowed to have anyone contact the petitioner, other than through your attorney under certain circumstances, for any purpose unless provided for in the order itself. If a modification is appropriate, you can file a motion to modify the restraining order.

Tampa criminal lawyer clarifies hillsborough county restraining orders

Tampa criminal lawyer clarifies Hillsborough County Florida Restraining Orders

Here is an excellent article about Restraining Orders in Hillsborough County, Florida.
This article was written by a Tampa Criminal Defense Attorney

Many times a domestic violence charge in Hillsborough County Florida is followed by a restraining order. A restraining order prevents any contact with the petitioner. Before you take any actions that may be in violation of a Hillsborough County Florida Restraining Order, speak to an attorney experienced with handling matters involving restraining orders or injunctions.

At the Tampa law offices of The Florida Defense Group, we can help you understand your rights and prevent you from making a costly mistake. Since 1996, we have successfully defended clients with serious criminal allegations against them. We are ready to protect you from Hillsborough County Florida Restraining Order violation charges.

If you have been charged with a criminal offense such as domestic violence or child abuse, you need the chance to tell your side of the story. The American criminal justice system is designed to provide you an opportunity to tell your side of the story and respond to accusations. Don't worry. With an experienced criminal defense attorney by your side, you will have that chance.

Hillsborough County Florida Restraining Orders could equal more jail time

However, if you violate the terms of a court ordered injunction or restraining order, you will face significant penalties, including jail time and large fines. In addition to these consequences, you will complicate your defense in a criminal proceeding. Do not waste anytime — the attorneys at our law firm have extensive experience preparing comprehensive defense strategies and are ready to help you. We are tough negotiators who will fight to make sure your Hillsborough County Florida Temporary Restraining Order does not become permanent.

florida child custody law

An injunction or Hillsborough County Florida Restraining Order should not be used as a tool to obtain child custody. We will aggressively fight false accusations of domestic violence in court. You will get the chance to tell your side of the story, and we will make sure your rights are protected.

After a Hillsborough County Florida Restraining Order order is severed

If you have been served with a Temporary Restraining Order, contact our office before you try to handle it your on your own. Injunctions' are serious matters that have long standing consequences; if you violate their terms, you could go to jail. Allegations involving Hillsborough County Florida Restraining Orders require an experienced Tampa criminal defense lawyer by your side when you appear before judge in court.