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Motion to dismiss injunction against repeat violence

Tampa, FL |

Greetings, I have an injunction against repeat violence on my ex husbands current wife. I have had this order for 8 years. She has recently filed an outlandish motion to vacate the injunction ( Outlandish, meaning personal/slander attacks against me) stating that I lied to get the injunction, which isn't true. In the last 8 years things have not gotten better and I still dear this woman, in your professional option, what are the chances a judge would dismiss my injunction? The woman has a picture on the Internet with her holding a gun, that should be enough to keep this motion standing correct?

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Attorney answers 5

Posted

I think the strongest argument other than any improper contact or violations since the injunction was issued is why would she spend the time and money to vacate the injunction if she has moved on with her life and never harrassed you? If you have any evidence that she has violated the injunction let the judge know, does the injunction provide she cannot possess a gun, if so the picture is important, also whether she has committed any crimes since the injunction, anything that would indicate she is still a threat. I agree with the other lawyer it is hard to predict what the judge will do.

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

Asker

Posted

Your information is spot on, and really made me think... Yes, she is not allowed to carry a firearm, and there hasnt been any violence issues since the injunction in 2005, however there is interent slander... No threats... However I have taken her back to court twice for contempt and I did not fair in the case due to " Freedom of speech" Ugh...

Asker

Posted

Oh, and she has tried to take two injunctions out on me and they were thrown out of court. I live 200 miles away from her and she is still trying to set me up.... Scary world

Constantine D. Buzunis

Constantine D. Buzunis

Posted

well then point out the no firearm part of the order and show the facebook page with the gun and false acusations. Also let the judge know you live 200 miles away and have moved on with your life! In fact you are afraid of her! let the judge know her prior 2 injunctions were thrown out and also let the judge know up front that yours was as well due to free speeech issues, you will gain credibility with the court!

Asker

Posted

You rock, I wished you lived in florida, I would send you a ton of business:) Thank you so so very much !

Constantine D. Buzunis

Constantine D. Buzunis

Posted

Well thank you kindly, and good luck with your case, let me know how it turns out? You can make a positive comment on my page if you like? Regards, C. Buzunis

Asker

Posted

A comment was added, and I will keep you posted:)

Posted

It's impossible to know what the chances of a judge dismissing an injunction that has been in place for 8 years without knowing all of the facts. How does this person intend to prove that you lied? What evidence does she have? If there is a video from 8 years ago where you admit to lying and that you will be filing for an injunction under false pretenses, then it might be vacated. But it's hard to imagine that a scenario exists where she will be able to prove any of her "outlandish" claims. The mere fact that she has a picture holding a gun is frankly irrelevant.

This is not to be considered legal advice nor does an attorney-client relationship exist.

Asker

Posted

Thank you, she has NO evidence, she thinks she does... I have a police report of battery from this woman and pictures of the assult, in which she is saying it never happened ( no witnesses) I did not file charges against her due to a minor child that she lost custody of the day of the battery. And I have a police report on phone harassment. Basically her claims are that I am mentally unstable, that I use drugs, bunch of petty nonsence, I am a director for a major company and have a great reputation. This woman is posting negative things on the internet about herself and claiming its me doing that... Of course my IP address and phone records have never shown any type of that craziness. I think her holding a gun and posting it on the internet shows intent. Hopefully the Judge wont even entertain all her BS......

Posted

Lots of possibilities because there are arguments on each side. Hard to predict what judge will think about both sides' evidence. The other party as posted abiout this on Avvo already.

Posted

So long as you prove to the court that you still have valid grounds for the injunction it will remain in place. Contact my office for free consultation 727-446-7659

Posted

It depends on what kind of competent evidence she has to support her claims. If, as you say, the Motion is filled with lies she will be unable to substantiate her claims other then lying herself. The gun in itself is not enough to keep your injunction in affect. As another attorney pointed out, this would only be relevant is she is not supposed to be in possession of firearms.

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