Restraining Order Blog suggests you don't let her get away with Lying Under Oath in Court.
Restraining Orders place incredible power over you in the hands of a woman.
Once she gets an Injunction against you, she can basically have you arrested anytime she likes by simply lying.The old saying "Hell has no fury like a woman scorned" is so very true.
Often times, her family members, or her new boyfriend will lie for her, and you will be arrested.
Once you are in jail, with an impossible bond to make, or get your witnesses together, you will be "easy meat" for a Prosecutor looking to enhance their conviction rate!
To the Police, you will be just another arrest they can brag about to their fellow Cops, atthe end of their shift.
Our advice is to fight like hell BEFORE the restraining order is made permanent.
This Florida Man did it, and his Motion was granted.
Don't let her get away with Perjury.
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO.: FMCE 08 006280 (35)
Honorable Judge Arthur Birken
In re the Marriage of
JOSEPHINE SCOTT,
Wife/Petitioner,
and
DAVID MICHAEL SCOTT,
Husband/Respondent.
____________________________________/
RESPONDENT’S MOTION FOR ORDER TO SHOW CAUSE
FOR DIRECT CRIMINAL CONTEMPT (PERJURY)
COMES NOW the Respondent, DAVID MICHAEL SCOTT, pro se, and herewith moves this Honorable Court for its Order to Show Cause for Direct Criminal Contempt ordering Wife to show cause why she should not be held in direct criminal contempt of this Honorable Court for having made numerous materially false statements under oath, and in support thereof would show unto the Court as follows:
PRECIS
1. Husband respectfully submits that this motion does not require an evidentiary hearing because the claims made herein are self-proving and supported solely by Wife’s indisputable sworn written statements contained in notarized and verified written petitions filed and docketed with the Clerk of the Circuit Court, together with Wife’s sworn oral testimony in open court as recorded on audio compact disc by the Court’s judicial assistant and made an official part of these proceedings.
MEMORANDUM OF LAW
(Perjury - Florida Statutes 837.02, et. seq.)
2. Wife has made numerous sworn allegations in these proceedings and related domestic violence proceedings containing numerous material statements that are false, were known by Wife to be false at the time they were made, and since they were given under oath they are therefore perjury and according to the Supreme Court of Florida, constitute fraud upon this Honorable Court. Parker v. Parker, 950 So.2d 388 (Fla. 200_) (perjury in divorce proceeding is fraud upon the trial court). Where a petitioner makes false statements in a petition for a domestic violence restraining order, the petitioner is subject to perjury criminal prosecution under Fla. Stat. 837.02. Adams v. State, 727 So.2d 983 (Fla. 5th DCA 1999). Moreover, it is proper for this Court to consider Wife’s perjury as a factor in evaluating the best interests of the child and primary residence and time sharing under Florida Statutes section 61.13 (3)(k). See, CIVIL DOMESTIC VIOLENCE/UNIFIED FAMILY COURT (UFC) BENCH CHECKLIST, p.7, section 14(b) (200_).
BACKGROUND
3. These divorce proceedings commenced June 2, 2008. Two weeks earlier, after Husband had for months declined Wife’s ongoing repeated demands that he vacate the marital home, Wife herself departed the marital home and moved to the City of Hialeah in Miami-Dade County taking with her the parties’ then five-year-old daughter.
4. Wife resided continuously and without interruption at her new residence in Hialeah for next two months. At no time did she return to the marital home.
5. During this two month period while Wife lived in Hialeah, Husband continued to reside in the marital home without interruption, earnestly seeking reconciliation of the marriage, and had no personal contact whatever with Wife. With the exception of two short 20 minute visitations at her school, Wife also refused Husband any contact with the minor child.
6. Also during this two month period, Wife continued her repeated demands that Husband leave the marital home so that she could return. Husband declined these demands on the basis that 1) Wife was and had been for two years engaged in an extra marital affair, and 2) Wife had left the marital home voluntarily and without incident.
7. At the end of this two month period, having no lawful means to compel Husband to leave the home, Wife on July 3, 2008 filed her third petition for domestic violence restraining order in five years. In her petition, Wife made sworn allegations that, inter alia, Husband had threatened to kill Wife, kill his daughter and commit suicide.
8. Wife made no such allegations in her divorce petition filed thirty-one (31) days earlier. She had, however, made the exact same allegations four years earlier in her second petition for restraining order.
9. Two weeks later on July 14, 2009, and while under oath in open court, Wife directly contradicted her previous sworn statements in response to direct questioning by her own attorney and in response to sua sponte follow-up questioning by this Honorable Court by admitting that Husband had never threatened her in any manner whatever.
WIFE’S SWORN FALSE STATEMENTS
(Threats of Violence)
10. The following are excerpts from Wife’s three petitions for domestic violence restraining orders and two petitions for dissolution of marriage, all which were made under oath and understood by Wife to be subject to penalty of perjury if found to be knowingly false at the time they were made.
First Restraining Order
October 3, 2003
11. After five years of marriage, but less than two months after purchasing the marital home, Wife on October 8, 2003 filed her first of three petitions a for a restraining order accusing Husband of domestic violence and child abuse arising from a single instance of marital discord (
“[H]e has threatened to take [Rebecca], and threaten to kill himself. I fear he may do so since he is depressed because he was fired.”
Husband vehemently denied these allegations, and when Wife failed to appear in court to testify the Court dissolved the restraining order and dismissed the case.
Second Restraining Order
May 17, 2004
12. Seven months later, on May 17, 2004 Wife filed her second of three petitions for domestic violence restraining order:
"[David] threatened to take his own life and the life of his daughter. . . . [He] threatened to take his life and our daughter with him. . . .”
“I fear that he may feel that he is at the end of his rope and take his life and his daughters life. I fear for her safety on a daily basis. . . .”
“He is extremely unstable and unpredictable . . . extremely violent . . . I fear that my life and my daughter's life are in danger. . . . He is a bomb waiting to explode. . . .”
13. Again, as before Husband vehemently denied these allegations. After Wife requested a perfunctory continuance of the hearing to avoid appearing in court Wife filed a notarized voluntary dismissal of the petition and discharged her attorney handling the matter.
14. Incredibly, just twenty-nine days after Wife’s sworn allegations that Husband threatened murder and suicide, threatened to harm her and the minor child, and that she feared for her life and the life of the minor child, Wife filed a divorce petition and made another sworn statement that “[b]oth parties are good parents.” She also made a sworn request that the Court “[a]ward shared parental responsibility.” The following is a direct quote from that petition:
"Both parties are good parents, but the Wife is the proper person to have the primary care and custody of the parties’ minor child, with supervised visitation awarded to the Husband.”
“[Wife] respectfully requests that this Honorable Court ... [a]ward shared parental responsibility. . . .”
15. In this 2004 divorce petition Wife made no mention of any of the alleged threats of violence she had put forth just twenty-nine days earlier. Wife eventually voluntarily dismissed this petition as well and the parties’ lived together for the next four years without incident or altercation.
16. Then, on May 14, 2008 Wife left the marital home and two weeks later filed her second divorce petition, this time again making no mention of any alleged threats of violence. 17. Thirty (30) days later, however, when Husband refused to leave the marital home, Wife filed her third petition for restraining order suddenly alleging, as she had four years earlier, that Husband threatened to hurt Wife, hurt his daughter and commit suicide.
18. The following are direct quotes from Wife’s sworn statements contained in her July 3, 2008 petition for domestic violence restraining order:
Third Restraining Order
July 3, 2008
“He has been threatening to hurt me and has hurt me in the past so I will not reconcile. I fear his mental state will worsen and he will hurt me again and worse harm our daughter.”
“He continues to threaten me. . . . I fear he will shoot me and take my daughter and hurt her too.”
19. One month later, however, Wife directly contradicted the above sworn statements and admitted under oath to the contrary:
2nd Court Hearing on Third Restraining Order
September 4, 2008
20. The following is Wife’s sworn testimony excerpted from the second hearing on Wife’s third petition for domestic violation restraining order:
Q: “Has Mr. Scott ever threatened you by words?”
A: “He’s never directly stated that he’s gonna kill me or anything like that.”
Q: “Has he ever threatened you by action?”
A: “Um, I believe he has because the way he leaves his guns throughout the house, and I’m afraid to bring it up and say, you know, ‘why are you doing this’ and ‘why can’t you put it away’ and I think it will trigger basically a fight among us which will escalate and I’m always afraid since my daughter’s in the house that I can’t really bring anything up just because there’s guns in the house and I don’t want a problem with him.”
THE COURT: “Well, maam, has he ever waved a gun at you?”
A: “No, he’s never--”
The COURT: “Has he ever pointed a gun at you?”
A: “He’s never pointed a gun at me.”
THE COURT: “Has he ever picked up a gun and without pointing it at you said ‘I’m gonna use it on you?’”
A: “No, he’s never pointed it and said ‘I’m gonna use it on you,’ but he’s knowledgeable about gun safety and he leaves them around to implicitly threaten me.”
Q: “Were you intimidated in any way by the presence of the gun?”
A: “Yes, it intimidates me and I’m scared that in my sleep he’ll wake up and sometimes even harm me.”
THECOURT: “Based on what? You’ve said he never threatened you verbally, he’s never threatened you with a weapon, uh, what is it - - why is it that you have- -
21. Here, Wife indisputably contradicts her previous sworn statements in her third petition for domestic violation restraining order and shows that said statements were false and were known by Wife to be false at the time they were made. Since they were made under oath they are therefore perjury within the meaning of Florida Statutes section 837.02, constitute direct criminal contempt of this Honorable Court and are subject to criminal prosecution.
22. To summarize, in her June 2, 2008 divorce petition and emergency motion filed just two weeks after she had moved away from the marital home, Wife made NO allegations of threats of murder and suicide, NO allegations of threats of harm to her or the minor child, and NOR did Wife allege that she feared for her and the child’s life and safety.
23. Five weeks later, however, with Husband still to refusing to leave his home, Wife suddenly became afraid for her life and resurrected the exact same allegations from four years prior, to wit, that she feared for her life on a daily basis because Husband allegedly had he “threatened to kill his family and commit suicide.”
24. In other words, every time Wife wanted to remove Husband from the marital home she filed for a domestic violence restraining order, making unsubstantiated allegations that she feared for her life and the life of the minor child.
25. To be sure, Wife’s vague allegations that Husband is “unstable,” “erratic,” “unpredictable,” that he is “extremely violent,” that he suffers from “mental illness,” and, of course, that he “threatened to kill his family and commit suicide,” were wholly unsupported by any evidence except Wife’s own self-serving testimony despite ample opportunity to gather, prepare and on two separate occasions present such evidence to the Court
26. In the case at hand, however, the Honorable Judge Birken found Wife’s allegations devoid of evidentiary support and on September 4, 2008 dissolved Wife’s third restraining order and dismissed her petition. Yet, this took two months to accomplish, during which time Husband was forced to live elsewhere having been removed from his home by police the same day Wife filed her petition.
Showing posts with label criminal. Show all posts
Showing posts with label criminal. Show all posts
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.
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.
are you violating a restraining order ?
Many individuals accused of violating a restraining order were unaware at the time they violated the order that it would be so broadly interpreted, aggressively enforced, and severely punished. While no doubt some individuals need restraining orders to protect themselves from violent ex-spouses, boyfriends, girlfriends, and family members, the vast majority of those who seek restraining orders do so to punish the intended recipient for some disagreement or for breaking off the relationship. The still in Love “defendant” then telephones his ex in an attempt to reconcile and quickly finds himself under arrest. That the defendant did not intend to violate the order or that his intentions were benign or even well meaning, is technically no defense to a charge of violating the order.
So aggressively are these restraining orders enforced that the person who obtained the protective order need only contact the police to say she saw the defendant drive by her home to affect his arrest.
A conviction for violating a restraining order is punishable by a fine of not more than five thousand dollars, or by imprisonment for not more than two and one-half years in Prison, or by both such fine and imprisonment.
In Florida, restraining order violations are upgradeable to Felony Stalking, after the third violation of the order.
Ane each and every phone call is charged as a seperate violation of the restraining order.
This means if you are still in Love with your ex, and call her, send her Flowers, or mail a letter to her, you can face Aggravated Stalking charges, and Prison Time for it!
Although a restraining order is technically a civil order, it appears on an individual’s criminal record permanently. It is very difficult to persuade a district court judge to expunge the restraining order from the defendant’s record.
It will also greatly hamper your ability to find a new romantic partner someday.
That you were in Love, sent Flowers, and only made the phone calls to try and save your relationship will not appear on your Criminal Record.
You are now a "Stalker", and a "violator of restraining orders against repeat violence"
Even though there was no violence at all, in your case.
You EX will be coached in the latest methods to put you away, so beware!
She can contact you all she wants, but if you are stupid enough to trust her, you will go to Jail!
If there is a Restraining Order in Place, do NOT contact her in any way, no matter what.
So aggressively are these restraining orders enforced that the person who obtained the protective order need only contact the police to say she saw the defendant drive by her home to affect his arrest.
A conviction for violating a restraining order is punishable by a fine of not more than five thousand dollars, or by imprisonment for not more than two and one-half years in Prison, or by both such fine and imprisonment.
In Florida, restraining order violations are upgradeable to Felony Stalking, after the third violation of the order.
Ane each and every phone call is charged as a seperate violation of the restraining order.
This means if you are still in Love with your ex, and call her, send her Flowers, or mail a letter to her, you can face Aggravated Stalking charges, and Prison Time for it!
Although a restraining order is technically a civil order, it appears on an individual’s criminal record permanently. It is very difficult to persuade a district court judge to expunge the restraining order from the defendant’s record.
It will also greatly hamper your ability to find a new romantic partner someday.
That you were in Love, sent Flowers, and only made the phone calls to try and save your relationship will not appear on your Criminal Record.
You are now a "Stalker", and a "violator of restraining orders against repeat violence"
Even though there was no violence at all, in your case.
You EX will be coached in the latest methods to put you away, so beware!
She can contact you all she wants, but if you are stupid enough to trust her, you will go to Jail!
If there is a Restraining Order in Place, do NOT contact her in any way, no matter what.
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