Skip to main content

Question regarding Restraining Order Florida

Port Richey, FL |

A year ago, assisting a male friend retrieving personal effects from female who became violent, kicked my car, scratched me. I took photos, applied for Order, told the court the incident. The order was dismissed because it did not occur over two separate occasions. One year later, this past weekend, same individual, verbal altercation, punched me in the eye. She went to the hospital, claimed I injured her hand, attacked her unprovoked, called the police, witness stated I was hit first. Police did not arrest me and left. Now, I am summoned to court for order of restrain. she cited last year as one, and this one as the second I attacked her. Drafting a letter to the court addressing her false allegations. What should I tell the court? Include photos from last year? Please advise.

+ Read More

Attorney answers 2

Posted

Show up to court on the date listed, bring witnesses, and stick to the facts. Main point: you weren't arrested so there was no probable cause to believe any of this actually happened.

Asker

Posted

Thank you Mr. Vasigh. I was concerned because in the paper I received for the restraining order, this person stated that I caused injury to her hand and she had to seek medical help. (the same hand she hit me in the face with) when the officer asked me what happened, I told him that she hit me in the face. The witness was standing there and confirmed it to the officer. So if she stated it was my fault she had to seek medical help, but the officer discovered she actually hit me and did not file a report, did not arrest me. Do I need to address this to the court? Do I need to find the officer who responded and should I fill out something for him to come to the hearing? I'm concerned the truth will not be heard and the document that was completed for the Order of Protection has similar false items in it.

Maj Vasigh

Maj Vasigh

Posted

Yes, you can subpoena the officer to attend. You can call the clerk and ask them for directions on how to issue a subpoena.

Posted

Your letter won't do the job, and in fact, will probably be ignored by the Judge as hearsay. Go to the hearing and tell your story. And if you can, bring your witnesses with you.

I hope you found my answer helpful. If you did, please click "helpful" and/or "best answer," because doing so helps my Avvo rating. Please also understand that answering this question doesn't make me your lawyer, and my answer is not even an "initial consultation" with me. In answering your question(s), I am merely giving you VERY GENERAL ADVICE based upon your VERY GENERAL QUESTION. If I indicated that you need to see a lawyer personally, then PLEASE DO SO. Good luck to you!

Asker

Posted

Thank you. Your reply is appreciated. This individual is here on a student visa. Feels our laws do not apply, she has special protection. Her allegations in her statement for the protection are wrong. The witness is her boyfriend. I have concerns he will not be forthright. Should I submit a copy of the police report? Do this in the court at the time of the Hearing? Your direction is appreciated.

Eugene P. Castagliuolo

Eugene P. Castagliuolo

Posted

Bring the police report with you. I'm a believer that, in your situation, you should throw everything against the wall and see what sticks. But I fear that the Court will not consider it, especially if your opposition is savvy enough to object to it as hearsay.

Asker

Posted

Thank you. And I appreciate the concept of throwing everything against the wall an see what sticks. I saved my photos from last year's incident, along with damage to my car photos/repair estimate. You are correct in that this individual is savvy. If the Order is applied, it will prohibit me from attending my husband's entertaining events at venues she may or may not be present at. These locations were listed. I am confused by this item. Predicting when and where? she is also an entertainer and cites this along with the locations. Very concerned the court will side with her regardless if it is part time. Is it best to be concise to the court? Wait until I am asked a question? My concern is ALL of the truth will not be revealed and all of the truth changes her allegations as they are written. Mr Castagliuolo, again, I thank you.

Asker

Posted

Additional: I spoke to the precinct. There is no report on file of the incident. No arrest, no report. I was told to go to the precinct tomorrow and speak to the responding officer. Is there something I can request from him because he heard the witness statement?

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer