Restraining Order Blog

Letter From A Reader

I met my boyfriend in July of 2010.... Innocent and simple. He was separated and living in his own place. From day one the ex despised me. I'm a wee bit younger and thinner than her and I think that set a tone for her. I come from a big family and have 14 nieces and nephews so needless to say I have experience with kids :) Which tells you how full of love and compassion I am with children. She has demeaned me, minimized me and put me down from the get go! I didn't have a chance with the kids from "hello" :( !!!! One night under complete anger and rage that boiled to the point I couldn't take anymore I stepped out of line.

Joe (my boyfriend) and I went for dinner and a few beers and the chatter set me off! Clamor of abusive kid stories regarding her telling the oldest (who's a girl) she's fat or slapping her in the face, yelling at the middle aged son and telling him to "fuck off" or even worse dropping him at the local pool joint to meet a friend and giving him 4 quarters like we are living in the 60's!!!! I lost my cool....

She came to pick the kids up and I waited outside just to make a hooplah! I knew it was wrong but, I was so dead set on raging on her (verbally) I didn't care. I had called my brother over to just be outside with me because I figured with him there I wouldn't lose my cool. OUT THE WINDOW that went because the moment I saw her I just was hateful. I called her "fatso" (which is what Joe and I call her) She jumped out of the car and ran and stood in front f me, danced around and asked my brother if she was sexy and or fat, lol.... I laughed out loud literally and said that's my brother. She called me a dumb bitch and without a flinch I bitch slapped her so hard I saw red :(!!!!!!! Long story short crazy lady called the cops. Shame there were no witnesses... ;) wink. Filed a restraining order against me stating that we had previous physical encounters that never took place! Since then the kids have been forbidden to come over according to her. Were in the middle of an ugly battle to have them in our life. I'm no fool, not naive in any way. I know that the life we provide is the best for the kids but the ex is president of the lying committee and I can't compete with that :( We have home cooked meals and clean clothes. She is queen of fast food and never running a load. They literally bring their clothes over in a supermarket bag :( :( :( !!!!!!! I'm at a loss here! He went to court for custody and the court appointed the kids an attorney to speak for them but, its unfair because she has manipulated and lied her way through all of this and set the stage for me being the biggest devil of all :( I don't know what to do. Joe is depressed and sad he will lose his kids! KIDS I WANT HERE IN OUR LIFE! I don't know what to do, where to turn..... help? :(

Yours truly,

Bruised girl :(

Stalking In Orlando Florida

This is a recent email to me, from one of our Blog Followers.

Hi Chris,

First of all, I want to let your readers know that there's a new season of Stalked, on Discovery ID channel. One of the new episodes

chronicles a story of stalking which took place in my back yard, Orlando.

If your readers tune into this series, they will learn to distinguish the difference between real stalking cases, and those which are contrived

in order to gain the upper hand in a divorce/custody dispute. The psychology and science which relates to stalking is

fairly clear cut, in our present day.

The problem with these bogus claims is: there are victims of domestic violence in REAL CRISIS. Filing a bogus report only

takes away from their claims. Let me relate this in a way that may outrage your readers even more.

Someone has a personal vendetta

against you. They call child services, and anonymously make a complaint about your parenting skills, even though you're a model parent. It happens every day in our society. Here's the problem with that: THERE ARE FAMILIES

IN REAL CRISIS, AND YOU'RE TAKING RESOURCES AWAY FROM THEM.

These bogus claims of domestic violence and stalking are no different. When you make a bogus claim of domestic violence,

it cheapens the claims of REAL victims, and it is a deplorable action, for which there is NO EXCUSE, and for which there

should be consequences.

I took the route of blogging about my accuser taking me to court. He has decided to SUE me for telling the truth.

He has decided that the court system is in place for his own, personal recreation. Sound familiar?

Here is the link to the latest piece of harassment he has hurled at me. Please, urge your friends and loved ones, to ONLY

use the courts in the most dire of circumstances. Otherwise, we all suffer. Did I mention that my abuser is not even

an American citizen? http://andrasszieberthconspiracy.blogspot.com/

Removing Restraining Orders From Your Record

This Blog receives a lot of letters (emails) from readers who want to share their restraining order stories with others.
If you want to share your story, get advice, or just vent about how you got screwed by a restraining order, stalking, harassment, or domestic violence related Law, this Blog is a good place to do it!
With that said, here is Lisa's story below.

I would like to share my story. I met this guy on facebook. Seemed nice
enough to have a friendship with. Anyway, this guy turned out to be a total
crazy person. He blocked me on facebook, but then got his friends to befriend
me, I wasn't even aware it was his friends until later. They played mind games
with me, stalked me, harassed me. He even went as far as requesting my
friends friendship, setting up fake profiles and tried to see my profile
details in that way. I had to open a whole new profile just to get rid of the
constant harassment. I did see a lawyer who, because we lived cities apart,
said I could only send him a warning letter and maybe go down to that city and
file an order for peace ( harassment order) but he would have to sign for it
and if he wants to, he can contest it. So I found out later he somehow, with
the help of his police officer friends, got a restraining order against me,
without my knowledge. I am going to see a lawyer about this, because if I was
not aware of it and no documents was send to me, how on earth would I know to
not bump into him in the city he lives, as my family lives there and I visit
them once a year. I just want to warn people that there are crazy people out
there that think they are above the law, when they are the ones stalking and
harassing people. Don't allow people to bully you like that. I am just
waiting for us to get our inheritance and I will be applying to have all those
restraining orders removed, because it was gained illegally and with the help
of corrupt police personal. They could loose their jobs, but should have
thought about that, before helping their friend.

Kind regards Lisa

Racism And Virginia Restraining Orders ?

Here is an Email I received today from a Virginia resident, and reader of this restraining order blog.
How a court in the State of Virginia, could possibly grant a Civil Protection Order to protect a Man from a Woman, after he admitted in open court she had not threatened him, and did not feel he was in any danger quite frankly stinks! But, she is Black, and he is White! It sure sounds like a racist judge IMHO, to me, based upon the facts I have in this case. Unfortunately, Racism appears to be still alive and well, in this case.

Has anyone else ever encountered what appears to be blatant Judicial Racism, in the granting, or refusal to grant Restraining Orders in the State of Virginia ?

Here is the email from the victim in this Virginia Restraining Order Case, reproduced in it's entirety, including her name! I offered to change or hide Laura's name, to protect her right to privacy. Laura felt so strongly that she did nothing wrong, and was a victim of blatant Racism from the judge in Virginia, she told me to go ahead and publish the email just the way she sent it!

Good Afternoon. My situation is as follows. My ex-husband who I left
> after he cheated on me with several drug addicts and drug dealers, and
> gave me Hepatitis B has taken out a Civil Protection Order against me
> in the State of Virginia. I live in Washington DC and have had no
> contact with my ex-husband in a year. When in court he admitted he
> didn't feel fear or that he was in any danger. He also admitted that I
> had not threatened him. Yet the Judge still granted him the order with
> no evidence and his admission in open court. I was told by several
> Washington DC lawyers that the reason for this is because I am an
> African American woman, college educated and attractive and he is a
> white male. These racial differences apparently settled the case upon
> the moment I entered the courtroom. He has taken out this CPO in order
> to extract revenge and prove to his current drug dealer girlfriend
> that he is "over" me.
>
> Laura Clifton

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

Violation of a Restraining Order Case in Tampa

Our Tampa Restraining Order story is still unfolding as we speak. My daughter was 5 when Florida Department Of Children and Families made me get a protective order against my son to remove him from the home and to keep him away from my daughter. It was not because of domestic violence, it was because he was not able to foresee dangers ahead and Florida Department Of Children and Families was worried that due to his behaviors she would in the future get hurt. A few years later, my niece came to visit and got mad at him so she tried to get his kids taken away from him in court in downtown Tampa. While they were looking at places to put the grand kids, I told the DCF case worker about the restraining order we got in Tampa Court, which allowed us to have peaceful contact. She informed me that the restraining order we got in Tampa was no longer effective, so we assumed that there was a statue of limitations on that. At the time, it was 5 years past the order of protection. Right after Thanksgiving, my son was helping me clean my yard, and my daughter who will be 18 next week mouthed off to him, cursing at him and started walking off while he was trying to talk to her. He tried to restrain her, and she elbowed him. He put her to the ground and she fought him. Long story short..the restraining order we got in Tampa Court was not dropped, and he got arrested not only for violation of that order, but for trying to discipline his sister who is 10 years younger than he is. My daughter asked the Hillsborough County State Attorney to drop the charges, and the state prosecutor told both of us that he was not going to. Just read your blog and thought that this Tampa Violation of a Restraining Order case might be interesting to you as well.

Divorce Restraining Order Tampa Florida

Hello.

My wife issued a Tampa Florida Restraining Order against me in preparation for a divorce. I live in NorthTampa, and I have never even had a parking ticket in Hillsborough County. She said her scumbag divorce lawyer would not take her case, unless she filed for a temporary restraining order in Tampa, and got one. Anyway, this "order of protection" has been in effect for about a month. Yesterday, she came over to pick up the rest of her stuff. Everything she listed that she wanted on the Tampa Court Document, was boxed up, labeled, and placed in our Garage. I left before she showed up, and my son handled the transfer. Here is the problem. On arrival, she demanded to be let into the house, even though ALL her items on list was in our garage ready to go. She threatened to call the Tampa Police if he wouldn't let her in. He did, and she proceeded to take another 53 items out of the house that were NOT on the list! Can she do that? She even took all my towels out of the bathroom which sadly, I found out too late. Is this legal? Can I demand she return these items?

I have retained a well known Tampa Criminal Defense Attorney, who also is well known for handling Divorce cases, who lives and works here in North Tampa. (I live in the Tampa Palms Subdivison) But then I found this awesome Restraining Order Blog in a Google Web Search!

LOL, Every time I ask a simple quesion of my Tampa Criminal Defense Lawyer, I am "on the clock" as far as billing goes.

My Attorney is expensive, and not "Shy" at all for socking it to me, financially, every chance he gets, it seems .... !

Hey, another question. Do all Divorce and Criminal Lawyers here in theTampa Florida area do that shit ? I mean bill you for answering a simple question ?

Thanks,

Orlando Florida Restraining Order Murder

This is a letter we received from a regular reader and contributor. It demonstrates the inability of an Orange County Restraining Order to stop a Murder. This Blog understands there is violence against women. But if you think a piece of paper signed by a Judge is going to stop it, the statistics do not agree. It would seem that all these Orlando Restraining Orders are doing, is pissing people going through a break up off, and sometimes sending them right over the edge.

I come from a large Italian Family, and my Aunt was being both verbally and physically abused by my Uncle, many years ago. My Aunt was a good Catholic Girl, so divorce was not an option, in her mind.

After calling the Police several times, a detective followed up with her. His advice ? Go get a gun permit, and learn how to shoot it!

Well, she did, and she let it be known to my abusive uncle, that she had a gun, and knew how to use it.

Guess what ? The abuse stopped! My Uncle did finally divorce my Aunt, and went and found an easier target to abuse.

It is stupid to think an Orange County Florida Restraining Order is going to stop an abuser who is really determined to harm someone,

Restraining Orders are being abused everyday by vindictive ex partners, and those seeking an unfair advantage in a Divorce.

This Murder, in spite of an order of protection being in place, is just another example of the failure of these orders to really protect people.

The letter is below:

It's happened again. Since the implementation of the stricter anti-stalking laws in Florida, there has been a domestic violence related

murder nearly every week.

About 11 a.m. Thursday, October 18, Bradford Baumet walked into the Las Dominicanas M&M hair salon in the Orlando suburb of Casselberry and shot his estranged girlfriend, 44-year-old Marcia Santiago, and three others. I was at the gym, 2 blocks away. Santiago was listed in "serious condition" at a local hospital, police said.

Santiago was scheduled to appear before an Orange County judge Thursday afternoon to seek a permanent restraining order against Baumet, court records show. Baumet was scheduled to appear in his own defense.

On Thursday evening, authorities released the names of the three women who were killed.

Eugenia Marte, 36, was co-owner of the salon and had filed a similar request against Baumet weeks ago, according to court filings. Marte, 45 was scheduled to appear in court next week to request that her injunction against Baumet become permanent.

The two other fatalities were identified as salon employee Noelia Gonzalez-Brito, 28, of Kissimmee, and customer Gladys Cabrera, 52, of Orlando. Gonzalez-Brito was five months pregnant.

This month, Baumet drove to the salon and threatened to kill the women inside while he banged on the locked door, according to court filings reviewed by the Sentinel. Santiago wrote on her application for an injunction against Baumet that she feared for her life and that he had gotten physically abusive with her in the past.

She wrote that she did not immediately file the complaint with the court because Baumet had threatened to kill her.

Clearly, these new anti-stalking laws and restraining orders don't work. As I stated in a previous article, it seems to have driven these

crazed killers to make sure they get the job done right the first time. There has to be a better way to protect these victims of domestic violence.

Clearly, a piece of paper is not the answer.

Orlando Stalking Laws

Here is a letter from a reader regarding the anti stalking and cyber stalking laws in Orlando, Florida.

Hey Kris,

Kudos to keeping your blog up to date. I've never wanted to submit an article, until now. The lead story on our news is that they've passed stricter

anti-stalking laws here in Orlando. Now, you don't need ANY proof whatsoever, in order to obtain an injunction. You only need to say that you

OR one of your family members is being stalked or cyber-stalked. I don't think I have to tell you the implications. The abuse of the system

will be immeasurable.

Meanwhile, we've had 3 domestic violence deaths this week in Orlando. One of the victims, (maybe 2), had permanent injunctions against their

killers. If someone is going to kill you, no piece of paper can stop them. They'll just make sure they get it right the first time.

Please alert your readers to this new piece of legislation. I wish the news channels would debate the other side of this new law.

If we all hadn't been on the other side of this issue, we would have no idea why anyone would object to stricter anti-stalking laws, but mark my words,

this is going to get so far out of control, the fallout will be epic. God help us all.

Dating Violence Injunction Tampa Florida

A reader here in the Tampa Florida area has some questions for her Dating Violence Injunction appeal. Here is the email we recently received from her. We have omitted her name, to protect her privacy, and not compromise her day in court.
These Dating Violence Injunctions can sometimes be a total mockery of the Legal System here in Tampa Florida, and other jurisdictions as well. I have personally been arrested, and had to appear in Hillsborough County Criminal Court several time, to face charges of violation Restraining Orders and Dating Violence Injunctions. I was under the mistaken belief that a Hillsborough County Florida Domestic Violence Injunction could not be enforced, if you had proof the Petitioner was in constant contact, with you! Think about it for a minute ? Petitioners here in Tampa claim fear, and are granted these too easy to get Injunctions everyday. Now, how can someone "be in fear", when they are contacting you, when they have an injunction in place against you ?
In fact, when the Hillsborough County Sheriffs Deputies came to my home to arrest me, I showed them my ex girlfriends panties she had left the night before, as well as other evidence! The Police said it did not matter, since she can contact me all she wanted. I was the one restrained from contact with her.

It became quite clear to me that an arrest for a violation of the injunction, was all the Hillsborough County Sheriffs Office cared about. Get the arrest and the conviction at all costs, seems to be the order of the day for the Sheriffs Office, here in Hillsborough County Florida.

Here is the email we just received.

Hello,

I have been reading your blog for over a year now. I am in the midst of an appeal and could really use some help.

The Petitioner filed for a Dating Violence Injunction against me in Tampa, and the hearing was held in March 2012. The petitioner was granted the injunction ex parte initially. During the time between the filing of the petition and the hearing, the petitioner had contact with me, the respondent, on 6 occasions. Ultimately, the injunction was granted by the judge in Tampa for 1 year.

I am in the midst of an appeal as a pro se Appellant. I have argued that the petition states that ANY party who makes contacts has violated the injunction. I have a reply brief due in 20 days. Does anyone know of any citations, statutes, or case law (preferred) in which a petitioner is found to have violated their own injunction? I would so very much appreciate the help. The petitioner has made numerous accusations that are not true and I really need to win this appeal.

Thanks,

Divorce Restraining Orders

Restraining orders are quite common in a Divorce. They are quite commonly used by the person seeking the Divorce to get an unfair advantage.
In my brothers divorce, his ex wife lied to get a restraining order issued, and even had one of her 2 children Lie. She told her daughter that if she did not lie, and say Daddy tried to rape her, that they would not get any money to live on, after the divorce!

Here is a letter we just got from a reader of this Blog, in case anyone wants to share their Divorce Restraining Order experiences.

My brother is going through a Divorce back in December of 2011 his wife told him she was leaving not know why. Two Days later the police show up at the door telling him he has to leave the home there was a restraining order filed against him. The judge who signed the restraining order signed on the reason my brother call his wife a Dumb Bitch. So he was told he could not come out to the house for two weeks. When he went back his wife cleared the house even killed his cat. They also own a business (restaurant ) He was lock out of that he owns 50% and she has embezzled money forged his name on his Stocks drained the business accounts took his name off of them and open new ones.

Pasco County Florida Domestic Battery

Our blog is against the misuse and abuse of restraining orders. But in the story below, it is alleged by the Pasco County Sheriffs Department that this person beat his father. Why was he only charged with domestic battery, and not felony assault and battery ? When the police arrived, the father was bleeding, and was hit 15 times. Under Florida law, striking a person multiple times is supposed to be a Felony! This alleged parent beater get IMHO a slap on the wrist, and a paltry 250.00 bond! Yet people who are in Love sometimes violate a restraining order with no violence at all, and get upgraded to stalking charges, with no bond

Man, 27, beat his dad …… for not cooking his dinner

A man upset his parents didn’t cook dinner for him was arrested Saturday morning after beating his father, according to the Pasco Sheriff’s Office.

About 12:25 a.m. Saturday, Kevin Michael Reyes, 27, confronted his parents at their 15055 Lancer Road home in Spring Hill. Reyes, who lives with his parents, said he was “starving” and was upset no one had cooked dinner for him.

Reyes began to argue with his father, Tim Thomas, when he attacked him, deputies said. Thomas said he believes he was punched 15 times in the face with a closed fist and after being pushed to the floor, was kicked several times.

An arrest report said Thomas, 40, was bleeding from the right side of his face as a result of the fight.

Reyes, who remains in custody at the Land O’ Lakes Jail, told deputies he blacked out and doesn’t remember beating his father. He’s charged with domestic battery. Bail is set at $250.

Manhattan Restraining Order Questions

I just received an Email from a reader of this Blog.
He is seeking our advice on what to do about a temporary order of protection In New York City he did not ask for. The 2 incidences occurred in Manhattan he says, and his information must be complete, so he can obtain a Gun Permit.
I am not familiar with the NYC or Manhattan Legal System. I was hoping one of our readers could help him track down the TPO information..

I came across your site while trying to find information on restraining orders in NYC
I was a peace officer in NYC for five years (unarmed but with full arrest powers) I was assigned to several different shelters in the city and we made a good amount of arrests during this 5 years, most were misdemeanors but some were felonies. Make a long story short I was twice assualted while making the arrest. Both guys were "bad" guys just released from prison and with no where to go ended up in the shelters.
When I arrested these indiviuals I was assualted and the district attorney's office gave me an order of protection in both cases. I did not request the TPO but I received it anyway. I do not remember the guy's name or even the arrest dates but they both took place in Manhattan between 1998 - 2000.
Now I recently went to apply for a NYC pistol license and right there on the paperwork is questions about restaining orders. I need to find out all of the information about the TRO issued to me for the application. I do not know where to go to find out the info.
Is there a web site or number I can call?
Thanks for any help you can offer