Skip to main content

Someone file a restraining order against me and told the judge i have receive the the sherrif order to show in court .

Fort Lauderdale, FL |

which i never did!!!!!!!! the judge base the DECISION my no show and grant the person .
My record is blemish and i want to send a motion to reverse the decision and trow it out , What shell i put in the motion what wording i use?

Sorry English is not my first language

i meant the judge base the decision on my no show

+ Read More

Attorney answers 5

Posted

The court will automatically reset and extend an ex parte temporary injunction for protection against DV without a hearing and without findings if no service filed by law enforcement in the court file, in order to allow more time for the police to serve you. This is different than a injunction being entered with findings by the court after service and after hearing the evidence presented by both sides. If you don't want to wait for the reset date, you can accept service and file a demand for hearing within five days. Be ready to appear when told in the five day window, and be ready to present your case then. You can go to the 2nd floor of the Broward County Courthouse DV clerk for assistance. The DV civil Injunction judge is Judge Michael Kaplan, 8th Floor. His judicial assistant is Shelley. Good luck.

Asker

Posted

Thanks for your answer but i think you miss understood me i have never been served as i moved but the judge did not see that i was not served and when he ask the other side if i have been served the replay was yes which was a lie so the judge rule against me already this was few month ago, now I want to file a motion to ask the court to look in to it and reverse the ruling.

Posted

In addition to the great answer posted above, you should hire an experienced criminal defense/domestic violence attorney in Broward County to help you defeat the petition for injunction. Review my webpage to see if it answeres any questions you may have.
Good Luck.

Posted

You would have to file a Motion to Vacate for insufficiency of Service of Process. You would put in this Motion everything you stated in your question to me.But if you don't want your record blemished you really should consider hiring an attorney.

Asker

Posted

First Michael thank you so much for your time , I know i should and maybe will hire a lawyer . but for now i am trying file this motion myself until my financial will approve in few weeks . so i am trying to get the right words in this kind of motion as you lawyers have this sophisticated wording, :) .everything sound so complicated, lol

Posted

You should go to the clerk and file for a motion for rehearing, get a hearing date, then explain to the judge why you did not go to court.

Arthur A Draper

Arthur A Draper

Posted

Looks like you are getting good advise here. The first restraining order is usually just temporary as mentioned above. Whoever served you with the order would have to file an affidavit with the court stating as much. However, this can be complicated and you should definitely contact an attorney.

Royce Brent Bishop

Royce Brent Bishop

Posted

An attorney would be better.

Asker

Posted

THANK YOU :)

Posted

If you are thinking of representing yourself as you indicate, you are making a mistake. There are two specific legal statutes which require you to have been personally served or the matter is not properly before the court and it lacks jurisdiction to make any rulings other than to continue the injunction until you are properly personally served by an armed deputy who would confiscate any weapons you possess and read the ex parte order to you and determine your awareness of both the order and the return to court date. You generally only have ten days to file a reconsideration but for fraud on the court you can come back within a year. I strongly suggest that unless you want your life to be subject to this constant problem that could land you in jail, you find the money to hire a lawyer who knows Domestic Violence law. If you want to make an appointment in my office call 954 522 1922 on Tues.

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