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Violating the restraining order without evidence and based on only lies.

Jacksonville, FL |

My x tried to put me in jail for sending the divorce documents. The cop refused it. Have his information. Then 1 year later she files for extension. She made a big story of lies. No evidence presented even when I requested. I know if she would have anything I would be in jail already. I could not explain my side ,the judge gave me no chance.I ended up with pernament restraining order. How come if a woman whose lifegoal is to put me in jail could not accomplish during the 1 year, then at the extension the judge defaulted me for willfully violating the order? Isn't that interesting she could use nothing against me during a year.Beleive me if she could she would heartlessly.My idea was if you violate you going to jail. If not then No law broken.My question is how is it becoming violation?

Attorney Answers 4

  1. Sounds like a very frustrating situation. Any violation of the terms of the domestic violence injunction can result in the State of Florida filing criminal misdemeanor violation of injunction charges and usually, upon arrest, there is not a bond. I would reread the injunction carefully to make sure you understand what conduct is not permitted. If she is intent on keeping you on jail and making trouble for you I would be careful not to give her any legal avenues. I would suggest that you consult with a family law attorney to help you through this frustrating situation.

  2. If you violate a dv injunction, you'll be charged with a misdemeanor. However, it sounds like you think the Judge was heavily biased against you. That's understandable. It happens sometimes. The bright side is this- once you're charged with a DV injunction, your criminal misdemeanor case will be heard in a different court division with a different judge. You'll be represented by an attorney or a public defender and the standard of proof is much higher in criminal court.

  3. It may not be the answer you want to hear, but you really need to get an attorney. I would highly recommend you speak to local counsel to discuss both the injunction and the divorce.

    You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

  4. It's hard for me to understand what happened and I'm an attorney. (though not a criminal one). In order to get some real sense of where this could be going, you need to sit down with an attorney who can review the paperwork. Otherwise, we're kind of in the dark here. Good luck.

    Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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