Restraining Order Ruling Will Curb False Claims
This is a great restraining order article from our good friends at http://www.glennsacks.com/
By Mike McCormick and Glenn Sacks
Mary Ellen Schoonmaker’s recent column "I'm sure you didn't intend to hurt her" (7/17/08) criticizes a controversial new New Jersey court ruling which raises the burden of proof for domestic violence restraining orders. Schoonmaker says the ruling will cost abused women “time…that could save lives” and laments “Anyone who thought New Jersey's progress in protecting women against domestic violence was safe should think again.”
Schoonmaker is correct to be concerned about protecting abused women, but she misunderstands certain aspects of the restraining order issue.
Under current law, it is very easy for a woman (or sometimes a man) to allege domestic violence and get a restraining order. The standard is “preponderance of the evidence” (often conceptualized as 51%-49%), and judges almost always side with the accusing plaintiff.
Under New Jersey’s Domestic Violence Prevention Act, the accuser need not even claim actual abuse. Alleged verbal threats of violence are sufficient, even though it’s almost impossible for the accused to provide substantive contradictory evidence.
The order boots the man out of his own home and generally prohibits him from contacting his own children. In recognition of the gravity of these orders, the new decision holds the current standard of proof unconstitutional and requires the stricter “clear and convincing evidence” standard.
To Schoonmaker’s credit, unlike many advocates of easy access to restraining orders, she does recognize that the orders are sometimes misused. There is a large body of evidence to support this contention.
For example, the Family Law News, the official publication of the State Bar of California Family Law Section, recently explained:
“Protective orders are increasingly being used in family law cases to help one side jockey for an advantage in child custody…[they are] almost routinely issued by the court in family law proceedings even when there is relatively meager evidence and usually without notice to the restrained person....it is troubling that they appear to be sought more and more frequently for retaliation and litigation purposes.”
An article in the November, 2007 issue of the Illinois Bar Journal explains:
"If a parent is willing to abuse the system, it is unlikely the trial court could discover (his or her) improper motives in an Order of Protection hearing."
These orders have become so commonplace that the Illinois Bar Journal calls them "part of the gamesmanship of divorce.”
The orders are sometimes ludicrously easy to get. For example, in 2006 a New Mexico woman even got one against New York TV host David Letterman. She claimed he was inflicting “mental cruelty" and "sleep deprivation" on her--via his TV broadcasts from 3,000 miles away! Typifying many, the Letterman judge explained, "If [applicants] make a proper pleading, then I grant it," as if what matters is not the accused’s guilt or innocence, but instead whether the accuser knows how to fill out a form properly.
Family law attorney Bruce Pitman, who often litigates domestic violence restraining order cases in Bergen County, says:
“Anybody who practices family law sees people who abuse the restraining order process. Some create false allegations or take minor or insignificant acts and use them to remove their spouse or partner from the home for advantage in litigation. Such abuses undermine victims of real abuse and violence who seek protection.”
Schoonmaker cites the 1991 Kathleen Quagliani case as an example of a woman who could have been saved. Just a few weeks before New Jersey passed the DVPA making it easier to obtain restraining orders, Quagliani had been denied a proper order. A week later Quagliani was murdered by her husband. But would a restraining order have really saved her life?
A restraining order is only enforceable against a law-abiding man--a violent spouse intent on killing his ex is not going to obey it. Quagliani’s husband beat her to death with a baseball bat in front of their child—would he really have been deterred from doing so out of fear of violating his restraining order?
Restraining orders have become a weapon used for advantage in divorce and child custody litigation, effectively giving women the right to banish men from their homes and their children whenever they see fit. It is entirely appropriate that New Jersey require substantive evidence of abuse before granting them.
Mike McCormick is the Executive Director of the American Coalition for Fathers and Children. Their website is www.acfc.org.
Glenn Sacks’ columns on men's and fathers' issues have appeared in dozens of the largest newspapers in the United States. He invites readers to visit his website at http://www.glennsacks.com/
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
Restraining Order Laws Unfair To Mern!
We the people of the United States of America, demand that our Lawmakers address this gross inequity in the law and redress the wrongs done by ensuring that the abuses will be stopped and that deliberate abuses will be punished by law.
in reference to:
"I and many other men have been, and are the victims of spurious or vindictively motivated restraining orders; all which is necessary to obtain a restraining order, under the current law is an UNSUBSTANTIATED, accusation of abuse, or claim of fear of potential abuse, no matter how outlandish or bizarre. NO PROOF is needed or asked for, and the man is automatically assumed to be guilty, and is thrown out of his home, deprived of his children and property, with no recourse but a very short Hearing sometime in the future, and there is NO PENALTY for lying to the court in order to deliberately injure another person, and no provision is made for accusations made by the mentally ill. The violence against women act is a good law, but is out of balance and dangerous to many innocent men, who are often unaware that the order has been filed until the police show up to throw them out of their home. Penalties must be added for lying to the courts to obtain false restraining orders, in order to deliberately and falsely injure another party. We the people of the United States of America, demand that our Lawmakers address this gross inequity in the law and redress the wrongs done by ensuring that the abuses will be stopped and that deliberate abuses will be punished by law."
- Restraining order laws are dangerous and unfair to men Petition : [ powered by iPetitions.com ] (view on Google Sidewiki)
Restraining Order Tampa Florida - Lies !
A. Can one contest a Tampa Florida Restraining Order obtained with false information and blatant lies, and how does one go about it?
B. Can the Tampa Florida Restraining Order legally keep her from moving out of her own home?
C.Is there are kind of a penalty if a person files a Tampa Florida Restraining Order with blatant false information? (when the information can be proved as false?)
D. If a Restraining Order in Tampa Florida can be contested then for things that cannot be substantially proven as false will character witnesses be allowed for the victim and will any statements or testimony they give hold much weight in a court of law in Tampa Florida?
Lies on a Tampa Florida Restraining Order.....
The legal and court system in Tampa Florida is designed to protect "victims" at all costs and the concept that a victim may deliberately mislead the "Tampa Florida Court System" into denying an innocent person their ability to live and function freely is evidently an acceptable risk in Tampa Florida to meet this goal. Unfortunately even if you do successfully defend yourself against this restraining order injustice in Tampa Florida there is nothing preventing them from getting another temporary order of protection the very day the Tampa Florida Judge denies the first one...and so on and so on....Eventually it will be granted in Tampa Florida because all they have to prove is that they "believe" themselves to be in danger and when this happens they can re-enstate the Tampa Florida Restraining Order every year and effectively deny the REAL victim forever.! Tampa Florida Restraining Orders are handed out like candy because they lure those involved onto the battlefield and therefore create revenue for the local Tampa Florida law enforcement community! This justifies their existance and perpetuates the entire operation. If they are lucky the "offender" will not comply with the Tampa Florida Restraining Order and become an inmate of the local corrections facility and they can all give themselves a raise for keeping everybody "safe" from domestic violence in Tampa Florida!
Tampa 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 Tampa Restraining Order Blog that is slanderous, untrue, or illegal, please bring it to our attention. Our Tampa 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
Criminal Defense Lawyer Tampa Florida
Located in Tampa, Florida (Hillsborough County)
Tampa Criminal Defense Attorney John Musca (813) 687 2252 is Hillsborough County's premier criminal defense Lawyer. Criminal Defense Lawyer John Musca is dedicated to helping clients fight their criminal charges in Hillsborough County, Tampa Bay, and throughout the state of Florida.
Tampa Criminal Defense Lawyer John Musca (813) 687 2252 provides individualized attention for each and every client, Attorney Musca ensures careful consideration of each client's unique circumstances and then relies on his experience and and years of legal know-how to select and implement a winning criminal defense strategy. For many years, his clients have trusted his integrity, loyalty and honesty to achieve a just snd fair result and to simply ‘do the right thing'. The same is true whether the case requires criminal defense in Hillsborough County Florida, or surrounding Tampa Bay area criminal defense.
Tampa Criminal Defense Lawyer John Musca (813) 687 2252 knows that his clients who have been charged with crimes -- from domestic violence, violations of restraining orders, aggravated stalking and DUI, to drug crimes and sex offenses-- stand to face a vast array of harsh legal consequences if convicted. These consequences may include jail or imprisonment, fines, probation, community service, and mandatory counseling. Tampa Criminal Defense Lawyer John Musca understands how these penalties can hinder his clients’ standards of living, their reputation, and overall freedom.
This is why Tampa Criminal Defense Attorney John Musca always gets involved from the very beginning of his clients’ cases to ensure that they are given the effective legal advice and guidance they need to be prepared from the start.
(813) 687 2252 Tampa Criminal Defense Lawyer John Musca
Located in Tampa, Florida (Hillsborough County)
For many years, Tampa Criminal Defense Lawyer John Musca (813) 687 2252 has been helping clients in Hillsborough County, surrounding cities and counties and throughout the state of Florida aggressively fight their criminal charges. Lawyer John Musca is committed to providing each of his clients with exceptionally strong, honest and reliable legal representation, both in and out of the court room.
Practice Areas of Tampa Criminal Defense Lawyer John Musca (813) 687 2252
Tampa Criminal Defense Lawyer John Musca (813) 687 2252 handles both misdemeanor and felony cases involving: restraining orders, stalking, violent crimes, drug crimes, homicide/murder/manslaughter, sex crimes, fraud crimes, DUI, theft, domestic violence, aggravated stalking, traffic, and probation violation. Tampa Criminal Defense Lawyer John Musca also provides legal representation for clients who are dealing with arrest warrants, restraining orders, school suspensions and bond motions.
Contact Tampa Criminal Defense Lawyer John Musca today, at (813) 687 2252 to discuss your Tampa or Hillsborough County Florida Criminal Defense matter!
Hillsborough County's Best Judge Raul C. Palomino, Jr
Hillsborough County Judge Raul C. Palomino, Jr
Judge Raul C. Palomino, Jr, I wll be sorry to see you leave the bench.
In all my many restraining order cases caused by me trusting my ex girlfriend, you were by far the fairest Hillsborough County Court Judge I ever encountered.
In fact Judge Raul C. Palomino, Jr, one restraining order you threw out of court due to lack of evidence, my ex girlfriend almost carbon copied.
She then took basically the same restraining order motion in front of Judge Christine Vogel who granted it.
I want everyone in Hillsborough County Florida to remember how fair you were Judge Raul C. Palomino, Jr.
I hope who ever replaces you will be 1/2 the person you were Judge Raul C. Palomino, Jr!
The 13th Circuit Judicial Nominating Commission is now accepting applications to fill a vacancy on the Hillsborough County bench created by the retirement of Judge Raul C. Palomino, Jr., effective January 31, 2010.
Applicants must be residents of Hillsborough County, registered voters, and members of the Florida Bar for the past five years.
The application form to relace Judge Raul C. Palomino, Jr has been recently amended and the current application can be downloaded from The Florida Bar’s Web Site at http://www.floridabar.org/, or obtained electronically by contacting JNC Chair Pedro F. Bajo, Jr., at (813) 223-7333.
Judge Raul C. Palomino, Jr, I wll be sorry to see you leave the bench.
In all my many restraining order cases caused by me trusting my ex girlfriend, you were by far the fairest Hillsborough County Court Judge I ever encountered.
In fact Judge Raul C. Palomino, Jr, one restraining order you threw out of court due to lack of evidence, my ex girlfriend almost carbon copied.
She then took basically the same restraining order motion in front of Judge Christine Vogel who granted it.
I want everyone in Hillsborough County Florida to remember how fair you were Judge Raul C. Palomino, Jr.
I hope who ever replaces you will be 1/2 the person you were Judge Raul C. Palomino, Jr!
The 13th Circuit Judicial Nominating Commission is now accepting applications to fill a vacancy on the Hillsborough County bench created by the retirement of Judge Raul C. Palomino, Jr., effective January 31, 2010.
Applicants must be residents of Hillsborough County, registered voters, and members of the Florida Bar for the past five years.
The application form to relace Judge Raul C. Palomino, Jr has been recently amended and the current application can be downloaded from The Florida Bar’s Web Site at http://www.floridabar.org/, or obtained electronically by contacting JNC Chair Pedro F. Bajo, Jr., at (813) 223-7333.
Notes From Jail IV
Restraining Order Blog is not meant to harass, directly or indirectly contact, harm, intimidate, 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 manner.
The following is a continuation of notes I composed to another while wrongfully imprisoned recently:
Thanks for sending me that quotation from Clint Eastwood recently. I've actually had another quote in my mind lately by Tyler Durden in the very well-written movie, "Fight Club": "You must lose everything in order to be free to do anything." Indeed. I in fact and remarkably feel very free right now as I reside in jail. I'm void of fear.
By the way, your handwriting is as gorgeous as you are- and almost as perfect. You are rather talented.
Jail isn't too bad, really. I've always believed taht we are all imprisoned in various ways- in one way or another. Jail simply actualizes our reality, perhaps. Man, am I deep, or what? I've traded a terrible marriage for a very welcome philosophy.
Of course, you are the only girl I write to while I'm in jail. I did send my ex girlfriend Janice a four page letter last week. She likely will not reply to me, I'm sure. I trust you will continue to write me for the rest of your life.
Hayley wrote me in jail a couple of weeks ago after I wrote to her immediately after I got here. Not seeing Hayley or speaking with her is clearly a new experience in pain for me. I cry, and these tears are welcome. I did write Hayley back afterwards, and I'm sure the words I wrote to her will give her happiness.
So when we enter jail, we are not allowed to bring any possessions of any kind inside with us- such as addresses of others, or their phone numbers. We are not even allowed to bring such benign items as, say, machine guns. So again, I'm glad you found me here, and continue to write me. Your words help me greatly tolerate my enviornment as I'm imprisoned.
Speaking with you on the phone on occasion combined with your letters to me greatly mend my depression. You are that much more in my soul now. I feel I owe you big time. Whatever you may want in the future from me, you shall have. You share my madness with me now.
Please get me a new wife as soon as you can, if you will not marry me yourself. There must be a catalogue or something for this that I seek. Or perhaps you could call for me one of those 'free' phone numbers, such as 1-800-976-BABE.
"I could get hit by a bus today. I might as well love the people I love, and take as many risks as possible." ---- Malin Akerman.
"Changing the world. That's what I plan on doing with my future." ---- Tristan Wilds.
I finally got some more paper to write on here in jail, as well as some stamped envelopes, coffee, crackers, and other items to eat this afternoon. I mailed you a very long letter that you may get this weekend from me. All mail I send you will go to your work address.
I still do not know when exactly I will leave jail. I do not have a set court date right now for these violations of law that are fictitious. I wrote my probation officer today as well to continue to ensure her support, and asked for her help in possibly getting me released from jail. So I've done all I can do right now. I'll be in jail for an entire month next week. I'm at the mercy of those who have imprisoned me.
While I'd rather be someplace else besides jail, I actually feel pretty good. I'm completely detoxified, and this is a very good thing. I'm also motivated to re-invigorate my life. And I will do this once I am free.
I do not believe that I'll ever be able to fully mend what may be permanent damage my ex wife Molly has done to my family. Any attempts by me to repair such damage will likely land me in jail once again. I'm still striving to maintain my daughter Hayley's emotional and mental state, however. The family law system in this counbtry is more damaging to families than I could possibly have imagined.
When hostility replaces intimacy, society is in a clear state of apathy. So I feel I need to leave the state of Missouri as soon as I can. For one thing, I'm too compelled to fix this damage Molly has done to others. Yet jail is not where I wish to be.
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 manner.
The following is a continuation of notes I composed to another while wrongfully imprisoned recently:
Thanks for sending me that quotation from Clint Eastwood recently. I've actually had another quote in my mind lately by Tyler Durden in the very well-written movie, "Fight Club": "You must lose everything in order to be free to do anything." Indeed. I in fact and remarkably feel very free right now as I reside in jail. I'm void of fear.
By the way, your handwriting is as gorgeous as you are- and almost as perfect. You are rather talented.
Jail isn't too bad, really. I've always believed taht we are all imprisoned in various ways- in one way or another. Jail simply actualizes our reality, perhaps. Man, am I deep, or what? I've traded a terrible marriage for a very welcome philosophy.
Of course, you are the only girl I write to while I'm in jail. I did send my ex girlfriend Janice a four page letter last week. She likely will not reply to me, I'm sure. I trust you will continue to write me for the rest of your life.
Hayley wrote me in jail a couple of weeks ago after I wrote to her immediately after I got here. Not seeing Hayley or speaking with her is clearly a new experience in pain for me. I cry, and these tears are welcome. I did write Hayley back afterwards, and I'm sure the words I wrote to her will give her happiness.
So when we enter jail, we are not allowed to bring any possessions of any kind inside with us- such as addresses of others, or their phone numbers. We are not even allowed to bring such benign items as, say, machine guns. So again, I'm glad you found me here, and continue to write me. Your words help me greatly tolerate my enviornment as I'm imprisoned.
Speaking with you on the phone on occasion combined with your letters to me greatly mend my depression. You are that much more in my soul now. I feel I owe you big time. Whatever you may want in the future from me, you shall have. You share my madness with me now.
Please get me a new wife as soon as you can, if you will not marry me yourself. There must be a catalogue or something for this that I seek. Or perhaps you could call for me one of those 'free' phone numbers, such as 1-800-976-BABE.
"I could get hit by a bus today. I might as well love the people I love, and take as many risks as possible." ---- Malin Akerman.
"Changing the world. That's what I plan on doing with my future." ---- Tristan Wilds.
I finally got some more paper to write on here in jail, as well as some stamped envelopes, coffee, crackers, and other items to eat this afternoon. I mailed you a very long letter that you may get this weekend from me. All mail I send you will go to your work address.
I still do not know when exactly I will leave jail. I do not have a set court date right now for these violations of law that are fictitious. I wrote my probation officer today as well to continue to ensure her support, and asked for her help in possibly getting me released from jail. So I've done all I can do right now. I'll be in jail for an entire month next week. I'm at the mercy of those who have imprisoned me.
While I'd rather be someplace else besides jail, I actually feel pretty good. I'm completely detoxified, and this is a very good thing. I'm also motivated to re-invigorate my life. And I will do this once I am free.
I do not believe that I'll ever be able to fully mend what may be permanent damage my ex wife Molly has done to my family. Any attempts by me to repair such damage will likely land me in jail once again. I'm still striving to maintain my daughter Hayley's emotional and mental state, however. The family law system in this counbtry is more damaging to families than I could possibly have imagined.
When hostility replaces intimacy, society is in a clear state of apathy. So I feel I need to leave the state of Missouri as soon as I can. For one thing, I'm too compelled to fix this damage Molly has done to others. Yet jail is not where I wish to be.
Notes From Jail III
Restraining Order Blog is not meant to harass, directly or indirectly contact, harm, intimidate, 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 manner.
The following is a continuation of notes I composed to another while wrongfully imprisoned recently:
I should really see you soon now that my mind is clear. If I do, I should really stay perhaps with your mother. This will truly test my endurance as well as my stamina, I believe. I'll be her slave, if she allows me to stay there.
I'm very glad I'm off of drugs of any kind now. It's been close to two months since I've taken my prescribed medications. My last refill I got was the day my ex wife Molly filed a restraining order against me.
So I got these prescriptions filled, and then I took over 100 pills of speed and tranquilizers within five days after that refill. At this time I was intentionally over-dosing myself, I really did not wish to live anymore. I'm thankfully no longer in that frame of mind. Suicide attempts seem to sneak up on me.
And I did not notice the brutal withdrawals as I've had in the past when getting of these particular drugs prescribed to me. This is due to the hell I'm going through now masking such symptoms.
It is very cool writing you like this again. If I recall correctly, the last time you wrote me in the year 1988, you were understandably pissed at me. So the letter I recently received from you here in jail was pleasantly refreshing.
And I'm sorry most recently for those times when I've snapped at you with what I've wrote to you when I've not been in jail, Jacki. I ask that you forgive me. I do care about you a great deal.
This method my ex wife molly has chosen to destroy our family with deliberate intent- a family filled with love from myself and my daughter Hayley- is very pathological.
My heart remains full of love right now, yet this love no longer runs smoothly within my heart. I am channeling this love to Hayley, however. And I believe this is effective, and is working to benefit Hayley, as well as myself.
I wonder at times here in jail if I will ever marry or become a father again. Presently, I do not have a desire to do either. I was married for 20 years, and I have a beautiful daughter right now.
To initiate a sequel to my life so far just seems so wrong right now on many levels. This concept therefore seems very foreign to me presently. I beleive I'll achieve happiness and peace any way my life may progress.
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 manner.
The following is a continuation of notes I composed to another while wrongfully imprisoned recently:
I should really see you soon now that my mind is clear. If I do, I should really stay perhaps with your mother. This will truly test my endurance as well as my stamina, I believe. I'll be her slave, if she allows me to stay there.
I'm very glad I'm off of drugs of any kind now. It's been close to two months since I've taken my prescribed medications. My last refill I got was the day my ex wife Molly filed a restraining order against me.
So I got these prescriptions filled, and then I took over 100 pills of speed and tranquilizers within five days after that refill. At this time I was intentionally over-dosing myself, I really did not wish to live anymore. I'm thankfully no longer in that frame of mind. Suicide attempts seem to sneak up on me.
And I did not notice the brutal withdrawals as I've had in the past when getting of these particular drugs prescribed to me. This is due to the hell I'm going through now masking such symptoms.
It is very cool writing you like this again. If I recall correctly, the last time you wrote me in the year 1988, you were understandably pissed at me. So the letter I recently received from you here in jail was pleasantly refreshing.
And I'm sorry most recently for those times when I've snapped at you with what I've wrote to you when I've not been in jail, Jacki. I ask that you forgive me. I do care about you a great deal.
This method my ex wife molly has chosen to destroy our family with deliberate intent- a family filled with love from myself and my daughter Hayley- is very pathological.
My heart remains full of love right now, yet this love no longer runs smoothly within my heart. I am channeling this love to Hayley, however. And I believe this is effective, and is working to benefit Hayley, as well as myself.
I wonder at times here in jail if I will ever marry or become a father again. Presently, I do not have a desire to do either. I was married for 20 years, and I have a beautiful daughter right now.
To initiate a sequel to my life so far just seems so wrong right now on many levels. This concept therefore seems very foreign to me presently. I beleive I'll achieve happiness and peace any way my life may progress.
Notes From Jail II
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 manner.
The following is a continuation of notes I composed to another while falsely incarcerated in jail recently:
"Serenity, beauty, and freedom. It only took me 42 years to find all of these things."
To do drugs here, the inmates on occasion swallow ballons containing such drugs, and these drugs are, well, retrieved, at a later time. To smoke pot, the inmate wraps the pot in bible paper. Cigarettes can and have been placed directly into the rectum- just so you know. Of course, aside from coffee, I've done no other drugs while in jail.
Having sex with my ex wife was like trying constantly to copulate with death. I attempted to reproduce with progressive atrophy through amplified apoptosis, so it seems.
It's Thursday, and it is very rainy outside here now. It is very pretty watching this rain fall over the Mississippi river.
I've been in jail for exactly one month today. And I'm so ready to get the fuck out of here.
This is my all time nadir, I think. you are in fact the elixer of my present state- you are the panacea for removing my ego and confidence from the pergatory of their present residence in the trancendal intensive care unit. It was kismet when our mutual friend Ryan drove me to Marietta, where I met you for the first time.
The inmates watch, "Jerry Springer" on TV before lunch here in jail. What a dumb-ass show. Our society is clearly warped. It's quite sad.
Just got your letter from Monday. I'm fighting this restraining order against me by being in jail right now. My love for Hayley continues to fuel me.
With the letters I write to Hayley, I send them to Molly's parent's house. I do not have an address directly for Hayley now. Molly's parents are wonderful people, and will likely insist that Hayley read what I write her. And it is also likely her mother is opposed to this, but fuck her, quite frankly.
The words I read from Hayley here- they are great. There is energy, joy and happiness in the words Hayley writes to me now. This bond I now have resurrected between Hayley and I was against all odds. I fucking did it, Jacki. Not too many 11 year old children from similiar situations would be able to express such joy generated from their father. I'm glad I created and allowed this to occur.
I'm homeless at the age of 43. I was very much middle class just a few years ago. The trip from a limosine to a ditch is a very short trip.
Thanks for knowing and acknowledging that I care about you. And thanks for forgiving me when I have shared words with you that I did not mean.
I can always get in the mood to write, but the writing is always much more exploratory when I'm altered, as the case here in jail. It's like drunk-dialing, in a way.
Keep writing me, Jacki. I love your words.
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 manner.
The following is a continuation of notes I composed to another while falsely incarcerated in jail recently:
"Serenity, beauty, and freedom. It only took me 42 years to find all of these things."
To do drugs here, the inmates on occasion swallow ballons containing such drugs, and these drugs are, well, retrieved, at a later time. To smoke pot, the inmate wraps the pot in bible paper. Cigarettes can and have been placed directly into the rectum- just so you know. Of course, aside from coffee, I've done no other drugs while in jail.
Having sex with my ex wife was like trying constantly to copulate with death. I attempted to reproduce with progressive atrophy through amplified apoptosis, so it seems.
It's Thursday, and it is very rainy outside here now. It is very pretty watching this rain fall over the Mississippi river.
I've been in jail for exactly one month today. And I'm so ready to get the fuck out of here.
This is my all time nadir, I think. you are in fact the elixer of my present state- you are the panacea for removing my ego and confidence from the pergatory of their present residence in the trancendal intensive care unit. It was kismet when our mutual friend Ryan drove me to Marietta, where I met you for the first time.
The inmates watch, "Jerry Springer" on TV before lunch here in jail. What a dumb-ass show. Our society is clearly warped. It's quite sad.
Just got your letter from Monday. I'm fighting this restraining order against me by being in jail right now. My love for Hayley continues to fuel me.
With the letters I write to Hayley, I send them to Molly's parent's house. I do not have an address directly for Hayley now. Molly's parents are wonderful people, and will likely insist that Hayley read what I write her. And it is also likely her mother is opposed to this, but fuck her, quite frankly.
The words I read from Hayley here- they are great. There is energy, joy and happiness in the words Hayley writes to me now. This bond I now have resurrected between Hayley and I was against all odds. I fucking did it, Jacki. Not too many 11 year old children from similiar situations would be able to express such joy generated from their father. I'm glad I created and allowed this to occur.
I'm homeless at the age of 43. I was very much middle class just a few years ago. The trip from a limosine to a ditch is a very short trip.
Thanks for knowing and acknowledging that I care about you. And thanks for forgiving me when I have shared words with you that I did not mean.
I can always get in the mood to write, but the writing is always much more exploratory when I'm altered, as the case here in jail. It's like drunk-dialing, in a way.
Keep writing me, Jacki. I love your words.
Notes From Jail I
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 manner.
As many know, I spent over a month in jail, and was wrongfully imprisoned. To achieve some level of freedom, I wrote, and I wrote a lot. I composed over 20 thousand words while in jail. Most of these words were letters to Jacki. Jacki is the one I trust the most.
While in jail, and imprisioned in this fashion, one's mind becomes altered often. There is great misery, and great hope. My state of mind is reflected in what I wrote while there.
The following is one of several letters I sent Jacki while in jail:
I'm starting to get comfortable here, and this frightens me a bit. It's just that I'm powerless at this point about progressing my case that resulted in me being here now. I have a court date on October 15th, and I will ask to speak on my own behalf to the judge as well as the prosecutor so I can negotiate with them about my situation.
I'm very anxious to start my life again. I will do this as I recover from the unnecessary trauma inflicted upon me, and as I miss Hayley incredibly. Both cause me to experience severe intrinsic, and silent, pain. This is nothing short of unimaginable hell, as this pain I feel is indescribable- it is in fact worse than any kind of chronic torture I can possibly conceive.
On the back of this note, I was chatting with a deaf kid named William here in jail with me. We got here on the same day, and he needs a lawyer as well as me. William may be going to prison for theft.
I'm cutting out words from various magazines on this Friday night to use when I write Hayley the next time. These letters that she and I are doing back and forth are really making me very happy in the midst of great misery.
It's Saturday morning now, and I just got off the phone with you. I'll be thinking of your voice all day, and for the days to come. Do not worry about me, please. I can and do take care of myself. Jail is jail. It is not suppose to be enjoyable..
I've told my story to more than one here in jail about my ex wife Molly, and what she has done. They frown upon the fact I did not harm Molly in any way after what she has done to me and my family. Many are violent here, of course. This explains why law enforcement dudes automatically presumed that I was violent. Violent because of those who are my fellow inmates now. Many are very mean.
We finally got to go to the library today here in jail. I got some magazines. No dirty magazines here, I'm sorry to say. There is also a law library here in jail, and I'll request to go to this library soon.
It's Saturday night, and I called a friend of mine from high school a moment ago. I asked him to contact our other friends from high school to try and get me a legal agent. he and these other friends have had legal issues in the past of their own, and they know attornies as a result.
I'll not be able to mail this letter to you till Tuesday. This gives me two full days to continue to write to you, and revise what I write. I tend to do this often.
I've felt a need tonight to hold Molly and my daughter Hayley, and cry with them. This hate that has infected Molly needs to be treated in such a way. It needs to be cured by love. I'll never have my family back again, and I have to learn to live with this. But I'm compelled to fight evil such as this in my life now whenever I possibly can. Always. It hurts.
It's Sunday morning here in jail, and I just shared some candy with other inmates. This elevated my popularity greatly, cause I really do not fit in here with them, overall.
Justin takes a particular interest with you here in jail, as I speak of you to him often. He is a 25 year old good looking guy, and he is a new dad. His son was born as he is in jail with me. He witnessed me illuminate when I first heard from you here in jail. And I showed him letters you sent me that I wrote to you way over 20 years ago.
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 manner.
As many know, I spent over a month in jail, and was wrongfully imprisoned. To achieve some level of freedom, I wrote, and I wrote a lot. I composed over 20 thousand words while in jail. Most of these words were letters to Jacki. Jacki is the one I trust the most.
While in jail, and imprisioned in this fashion, one's mind becomes altered often. There is great misery, and great hope. My state of mind is reflected in what I wrote while there.
The following is one of several letters I sent Jacki while in jail:
I'm starting to get comfortable here, and this frightens me a bit. It's just that I'm powerless at this point about progressing my case that resulted in me being here now. I have a court date on October 15th, and I will ask to speak on my own behalf to the judge as well as the prosecutor so I can negotiate with them about my situation.
I'm very anxious to start my life again. I will do this as I recover from the unnecessary trauma inflicted upon me, and as I miss Hayley incredibly. Both cause me to experience severe intrinsic, and silent, pain. This is nothing short of unimaginable hell, as this pain I feel is indescribable- it is in fact worse than any kind of chronic torture I can possibly conceive.
On the back of this note, I was chatting with a deaf kid named William here in jail with me. We got here on the same day, and he needs a lawyer as well as me. William may be going to prison for theft.
I'm cutting out words from various magazines on this Friday night to use when I write Hayley the next time. These letters that she and I are doing back and forth are really making me very happy in the midst of great misery.
It's Saturday morning now, and I just got off the phone with you. I'll be thinking of your voice all day, and for the days to come. Do not worry about me, please. I can and do take care of myself. Jail is jail. It is not suppose to be enjoyable..
I've told my story to more than one here in jail about my ex wife Molly, and what she has done. They frown upon the fact I did not harm Molly in any way after what she has done to me and my family. Many are violent here, of course. This explains why law enforcement dudes automatically presumed that I was violent. Violent because of those who are my fellow inmates now. Many are very mean.
We finally got to go to the library today here in jail. I got some magazines. No dirty magazines here, I'm sorry to say. There is also a law library here in jail, and I'll request to go to this library soon.
It's Saturday night, and I called a friend of mine from high school a moment ago. I asked him to contact our other friends from high school to try and get me a legal agent. he and these other friends have had legal issues in the past of their own, and they know attornies as a result.
I'll not be able to mail this letter to you till Tuesday. This gives me two full days to continue to write to you, and revise what I write. I tend to do this often.
I've felt a need tonight to hold Molly and my daughter Hayley, and cry with them. This hate that has infected Molly needs to be treated in such a way. It needs to be cured by love. I'll never have my family back again, and I have to learn to live with this. But I'm compelled to fight evil such as this in my life now whenever I possibly can. Always. It hurts.
It's Sunday morning here in jail, and I just shared some candy with other inmates. This elevated my popularity greatly, cause I really do not fit in here with them, overall.
Justin takes a particular interest with you here in jail, as I speak of you to him often. He is a 25 year old good looking guy, and he is a new dad. His son was born as he is in jail with me. He witnessed me illuminate when I first heard from you here in jail. And I showed him letters you sent me that I wrote to you way over 20 years ago.
Dear Hayley
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 manner.
Dear Hayley,
Since I'm unable to send you letters right now in the mail, I've decided to write you anyway. What I do write to you I will give you in time, I promise. I'm unable to do so now due to laws against me that are incredibly unbelievable.
I also write often about you, Hayley. I write about my thoughts and feelings I have- and how thankful I am that you are in my life. This life. When I do write about you, I share this with others. These others care about you as well- quite a bit.
Your dad likes to shout from the rooftop of the world when he writes. When I write about you, I acquire the words I write solely from my heart. So when I'm on this rooftop when I do write about you, I whisper in silence- which is the peace in my heart.
Yet others hear my whispers quite deeply at times- and quite clearly. As a result, I'll continue to retrieve these words to you within me.
Let's see....we will start when you were born. You clearly did not want to come out of mom just yet, although you were due a week before you were born. So you were ready to be born, but were apparently a bit too comfortable inside Mom. Yet mom certainly would be more comfortable at that time if you were finally born, so it happened finally after 17 hours of sheer bliss experienced by Mom.
And you were wide awake when you were born, Hayley, and this is the only way to be in life. This was very cool for your dad to see you this way seconds after you were born. You were very ready to start living your life right after getting born. I enjoyed seeing you this way then as I do now.
Mom was a bit sore after delivering you, so I got to hang out with you a lot after you were born. We would go out on the back deck of our house very early in the morning and listen to the birds as we would watch them fly at times. And I have not stopped enjoying spending time with you ever since then.
Then, after 4 months, I experienced the best feeling in the world. I made you laugh.
I continued to make you laugh after that moment. This was very easy for me to do. I absolutely love to see you smile. Whenever I may be having a bad day, I'd come home and see you. At that point, I was no longer having a bad day.
Also, I use to drink a lot of adult beverages before you were born. I stopped doing this soon after you came into my life. I no longer needed to poison myself with such drinks. When I drank, I was not myself at all, and I wanted and needed to be myself around you. I'm very happy I am myself around you and with you always. Quite simply, your dad rocks.
You always watch what I do, I learned quickly. So your dad is a fairly nice guy. I'll often hold the door for another. I always say 'please', and 'thank you', to others I speak with often. I always try and help others that need help. You watched when I would do such things. As a result, you do these same things for others. You are very polite and kind, Hayley. I could not ask for anything else.
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 manner.
Dear Hayley,
Since I'm unable to send you letters right now in the mail, I've decided to write you anyway. What I do write to you I will give you in time, I promise. I'm unable to do so now due to laws against me that are incredibly unbelievable.
I also write often about you, Hayley. I write about my thoughts and feelings I have- and how thankful I am that you are in my life. This life. When I do write about you, I share this with others. These others care about you as well- quite a bit.
Your dad likes to shout from the rooftop of the world when he writes. When I write about you, I acquire the words I write solely from my heart. So when I'm on this rooftop when I do write about you, I whisper in silence- which is the peace in my heart.
Yet others hear my whispers quite deeply at times- and quite clearly. As a result, I'll continue to retrieve these words to you within me.
Let's see....we will start when you were born. You clearly did not want to come out of mom just yet, although you were due a week before you were born. So you were ready to be born, but were apparently a bit too comfortable inside Mom. Yet mom certainly would be more comfortable at that time if you were finally born, so it happened finally after 17 hours of sheer bliss experienced by Mom.
And you were wide awake when you were born, Hayley, and this is the only way to be in life. This was very cool for your dad to see you this way seconds after you were born. You were very ready to start living your life right after getting born. I enjoyed seeing you this way then as I do now.
Mom was a bit sore after delivering you, so I got to hang out with you a lot after you were born. We would go out on the back deck of our house very early in the morning and listen to the birds as we would watch them fly at times. And I have not stopped enjoying spending time with you ever since then.
Then, after 4 months, I experienced the best feeling in the world. I made you laugh.
I continued to make you laugh after that moment. This was very easy for me to do. I absolutely love to see you smile. Whenever I may be having a bad day, I'd come home and see you. At that point, I was no longer having a bad day.
Also, I use to drink a lot of adult beverages before you were born. I stopped doing this soon after you came into my life. I no longer needed to poison myself with such drinks. When I drank, I was not myself at all, and I wanted and needed to be myself around you. I'm very happy I am myself around you and with you always. Quite simply, your dad rocks.
You always watch what I do, I learned quickly. So your dad is a fairly nice guy. I'll often hold the door for another. I always say 'please', and 'thank you', to others I speak with often. I always try and help others that need help. You watched when I would do such things. As a result, you do these same things for others. You are very polite and kind, Hayley. I could not ask for anything else.
Pen Pals Follow Up
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 manner.
The following are letters from my daughter Hayley that I have annotated here word by word with what she wrote to me. I'm a very lucky father:
OK- the first letter I got from hayley after I initially contacted her through the mail while in jail:
Hi!!!! I miss you so much! How have you been? I hope good. School is going awesome for me. I'm getting good grades, and I've made tons of new friends! What about you- what have you been doing these days (running from her mother....)? Well, I miss you sooooo much, and I love you very much, too. I hope I get to see you soon! With love, Hayley Abshear
Her P.S. at the end of this letter completely wrecked me in jail, as it does now:
"P.S: Everything's gonna be OK- no matter what.
I then wrote Hayley back and established that we are now pen pals. She absolutely loved this new element to our relationship. She then wrote the following to me afterwards:
Dear daddy- Hey!! What's up! Wait! I almost forgot! We are pen pals- YAAAYYY!!!!! (smiley face). Ha ha ha- we are awesome! So guess what? My progress report has 3 As, 2 Bs, and a C. Sorry about the C. Science is just not my subject! (frown face). Well, have you been good (I'm in jail at the time....)? I have. Oh, and another thing: I took a SRI test at my school and found out that I read at a 9TH GRADE READING LEVEL- isn't that awesome? Well, I love you soooo much, and I hope to see you soon. Love always, Hayley. P.S: Please write me back! I LOVE being pen pals with you (heart symbol).
This letter was about 3 times as long as her original letter to me- and is more upbeat. I'm glad I had this effect on Hayley. The next letter from Hayley was after I sent her beautiful pictures drawn by my cell mate, Tommy. They were very cool:
Dear Daddy- Hey, what's up! I LOVED those drawings you sent me! They were so pretty! Thanks so much! So yeah, thanks for the pep talk bout science. but guess what? I brought my grade up to a B! YAY!!!! So I'm glad you are so much better, and I'm so proud of you for that- keep it up! So I'm glad you made a new friend- tell him thank you for the drawings, and that they are presently hanging in my locker! YAY!!!! Oh, and that I said, 'hi'. So I love being pen pals with you, and would love to continue. So write me back! I love you! Love always, Hayley. P.S: I'm being a guitar for halloween- isn't that cool?
I remain forbidden from contacting Hayley now through this method and all others. The law is now damaging my daughter, and this pisses me off, and there is nothing I can do about this.
Her last letter to me was over a month ago. I have no idea how my own daughter is doing right now, and she not getting mail from me anymore now pains me greatly, as with Hayley, I'm sure.
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 manner.
The following are letters from my daughter Hayley that I have annotated here word by word with what she wrote to me. I'm a very lucky father:
OK- the first letter I got from hayley after I initially contacted her through the mail while in jail:
Hi!!!! I miss you so much! How have you been? I hope good. School is going awesome for me. I'm getting good grades, and I've made tons of new friends! What about you- what have you been doing these days (running from her mother....)? Well, I miss you sooooo much, and I love you very much, too. I hope I get to see you soon! With love, Hayley Abshear
Her P.S. at the end of this letter completely wrecked me in jail, as it does now:
"P.S: Everything's gonna be OK- no matter what.
I then wrote Hayley back and established that we are now pen pals. She absolutely loved this new element to our relationship. She then wrote the following to me afterwards:
Dear daddy- Hey!! What's up! Wait! I almost forgot! We are pen pals- YAAAYYY!!!!! (smiley face). Ha ha ha- we are awesome! So guess what? My progress report has 3 As, 2 Bs, and a C. Sorry about the C. Science is just not my subject! (frown face). Well, have you been good (I'm in jail at the time....)? I have. Oh, and another thing: I took a SRI test at my school and found out that I read at a 9TH GRADE READING LEVEL- isn't that awesome? Well, I love you soooo much, and I hope to see you soon. Love always, Hayley. P.S: Please write me back! I LOVE being pen pals with you (heart symbol).
This letter was about 3 times as long as her original letter to me- and is more upbeat. I'm glad I had this effect on Hayley. The next letter from Hayley was after I sent her beautiful pictures drawn by my cell mate, Tommy. They were very cool:
Dear Daddy- Hey, what's up! I LOVED those drawings you sent me! They were so pretty! Thanks so much! So yeah, thanks for the pep talk bout science. but guess what? I brought my grade up to a B! YAY!!!! So I'm glad you are so much better, and I'm so proud of you for that- keep it up! So I'm glad you made a new friend- tell him thank you for the drawings, and that they are presently hanging in my locker! YAY!!!! Oh, and that I said, 'hi'. So I love being pen pals with you, and would love to continue. So write me back! I love you! Love always, Hayley. P.S: I'm being a guitar for halloween- isn't that cool?
I remain forbidden from contacting Hayley now through this method and all others. The law is now damaging my daughter, and this pisses me off, and there is nothing I can do about this.
Her last letter to me was over a month ago. I have no idea how my own daughter is doing right now, and she not getting mail from me anymore now pains me greatly, as with Hayley, I'm sure.
Domestic Violence In Hillsborough County Florida
Under the provisions of Florida Statute 741.28 , domestic violence in Hillsborough County Florida means any assault, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit. This can include but is not limited to:
•Physical Abuse: pushing, slapping, kicking, punching, chocking and beating;
•Emotional/Verbal Abuse: threats, verbal intimidation, following and stalking or acting out in anger;
•Sexual Abuse: any unwanted touching or forcing of someone to engage in a sexual act against his or her will.
Domestic Violence In Hillsborough County Florida is not limited to the "classic" stereotype of a Man abusing a Woman!
Many Men in Tampa are also victims of Domestic Violence and Verbal Abuse!
2. What is a Hillsborough County Florida Domestic Violence Injunction?
This is a petitioned order coming from the Hillsborough County Florida Court through the Domestic Violence Office that helps a victim (Petitioner) allow the Hillsborough County Florida Court jurisdiction over the parties noted and puts provisions in place as to avoidance of any further acts of violence.
3. How can I apply for a Hillsborough County Florida Domestic Violence Injunction?
The information for this procedure can be obtained by contacting the Hillsborough County Florida Domestic Violence Office.
or via the Hillsborough County Florida Sheriffs Office Web Site, http://www.hcso.com/
4. Are there any other Hillsborough County Florida injunctions available if my situation is not domestic?
The Hillsborough County Florida Domestic Violence Office can also help with injunctions for Repeat Violence, Dating Violence and Sexual Violence Injunctions.
Repeat Violence Injunction: Hillsborough County Florida law defines repeat violence as two incidents of violence or stalking, one of which must have occurred within the last 6 months, which are directed against the Petitioner (the person applying for the injunction) or the petitioner’s immediate family. If you are the victim of repeat violence in Hillsborough County Florida, or you are the parent or legal guardian of a minor child who is living at home and who is the victim of repeat violence, you have standing in the Hillsborough County Florida Circuit Court to file a petition to obtain an injunction for protection against repeat violence for yourself or on behalf of that minor child.
Hillsborough County Florida Dating Violence Injunction:
Dating violence is violence between individuals who have had a continuing and significant relationship of a romantic or intimate nature in Hillsborough County Florida. The existence of such a relationship is determined by the consideration of several factors:
•The dating relationship must have existed within the last 6 months.
•The Hillsborough County Florida law states that the relationship must be characterized by the expectation of affection or sexual involvement between the parties and the interaction between them has been on a continuous basis during the course of the relationship in Hillsborough County Florida.
This does not include casual acquaintanceships or violence between individuals who have only engaged in ordinary interaction in a business or social context.
Hillsborough County Florida Sexual Violence Injunction: This injunction can be obtained for protection against sexual violence if you are the victim of sexual violence or you are the parent or legal guardian of a minor child living at home who is the victim of sexual violence. Under this Hillsborough County Florida law, sexual violence means:
•Sexual battery,
•A lewd or lascivious act committed on a person under age 16,
•Sexual performance by a child
•Or any other forcible felony wherein a sexual act is committed or attempted in Hillsborough County Florida.
It does not matter if Hillsborough County Florida criminal charges based on the incident were filed, reduced or dismissed by the Hillsborough County Florida State Attorney. However, the law also requires that the sexual violence has been reported to a law enforcement agency and that the victim is cooperating with any criminal proceeding against the respondent, regardless of whether criminal charges stemming from the sexual violence have been filed, reduced or dismissed; or requires that the respondent who committed the sexual violence was sentenced to a term of imprisonment in state a prison and that term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed in Hillsborough County Florida.
The laws involving the criteria for issuing an injunction for protection against sexual violence are more complicated than those for other types of protective injunctions. If you are considering filing for this type of injunction you may be able to obtain advice or assistance from the 1. What is Hillsborough County Florida Domestic Violence?
Under the provisions of Florida Statute 741.28 , Hillsborough County Florida domestic violence means any assault, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit. This can include but is not limited to:
•Physical Abuse: pushing, slapping, kicking, punching, chocking and beating;
•Emotional/Verbal Abuse: threats, verbal intimidation, following and stalking or acting out in anger;
•Sexual Abuse: any unwanted touching or forcing of someone to engage in a sexual act against his or her will in Hillsborough County Florida.
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