Your ex could be charged with Aggravated Stalking after an Injunction as a felony criminal charge. As an ex domestic violence prosecutor in the 9th Judicial Circuit, we took these cases very seriously. Make sure you keep in contact with the State Attorney's Office and you may want to consider hiring an attorney in your jurisdiction who can represent you as a victim and in the civil restraining order case.
Contact a criminal defense attorney in your area to discuss options for sealing your friend's case. There are certain crimes that you cannot seal or expunge if you were found guilty by a judge or pled guilty or nolo contendere (no contest) to certain crimes, even if adjudication was withheld.
If your friend is able to petition to seal his case, it would be after his supervision period ends and the process usually takes around 5 months although it could be less or more depending on many...
Was this a trial? Was it recorded? Did you ask to present your case? Did you guys run out of time? Although the Judge has discretion to hear the evidence and rule, I would take the transcript if there is one to an attorney who practices appellate work to see if you have grounds for an appeal or you can see if you have grounds to motion for a rehearing.
You need to make these concerns and wishes known to the state attorney's office. Make sure they have your current contact information so you are adequately notified of upcoming court dates. You can let the Judge know what you want by giving a "Victim Impact Statement" which is generally stated prior to sentencing. Alternatively, if you cannot speak at sentencing, the state attorney or victim advocate may be able to tell the Judge what you are requesting.
It is unlikely that the Judge will order this condition if your ex is asking for this out of spite. With that said, if there is evidence that it is in your child's best interests to stay away from your girlfriend, this could be ordered (i.e., child abuse, drug abuse, etc. present). Normally, parents need to understand that they cannot regulate who the other parent dates and whom is around their child(ren) when the child(ren) is visiting the other parent.
You can inform the state attorney (district attorney's office) that you are unwilling to prosecute. This does not mean that the state cannot proceed with their case. The state may have enough evidence without you (i.e., witnesses, injuries, Defendant's admissions, etc.) to go forward. You may want to talk to the state and/or the attorney for the Defendant regarding your concerns.
Speak to an attorney immediately. Do not plead no contest as if you do, you are pleading to the offense. If you believe it was self-defense, you need to speak to a criminal defense attorney and have someone represent you to discuss what your options are.
You can contact my office for a free confidential consultation. I practice Family Law in Orlando and can help you with your divorce paperwork for a reasonable fee.
Donna C. Hung, Esq.
Law Office of Donna C. Hung, P.A.
605 East Robinson Street
Orlando, Florida 32801
You and your father should file a declination of prosecution with the state attorney's office so they know your position on moving forward with the case. Also, speak to your husband's criminal defense attorney on how to properly move forward in the criminal case if it is filed by the state. The attorney can explain subpoena powers of the court and your obligations moving forward.