Skip to main content

Who's in legal trouble here? On a witnesses list of a restraining order that are false witnesses that are his proven accomplices

Fort Lauderdale, FL |

One of them is a police officer from the small town where respondent resides that has threatened the petitioner into stop complaining because " he is my friend, I'm on his side " . Another is someone that is on the record in an unrelated matter stating that she has never been to the place where the facts / stalking ocurred and she does not know the petitioner.
My question is who gets in trouble? The attorney that filed a false witnesses list just to try to " fill up " a list for respondent or the fraudulent people that agreed to be in a false witnesses list? Shouldn't an attorney check what those witnesses can testify about before listing them and filing that into Court?

Question made by the Petitioner , has has true real fear for her safety,. Not every Injunction petitioner is lying or trying to " get " someone, but fighting for their freedom and safety and the right to enjoy the life without living in horror. The respondant is the one with his gang passing as his witnesses ready to lie.

Attorney Answers 3

  1. I am having a bit of trouble following the events, but it seems like there is a hearing for a TRO and the attorney filed a list of witnesses who may testify. If anyone gives false information under oath, they can be found guilty of perjury (and thus to answer your questions, the witnesses can get into trouble). Also, if the attorney knows that the information is false and/or perjury and he elects to present it to the court anyway, then the attorney can get into trouble. Nonetheless, the purpose of the hearings for restraining orders is to evaluate the evidence.

    The answer above is only based upon the limited information provided. The answer is limited and my review is likewise limited, and thus the response is not intended to be acted upon as legal advice. Although licensed in numerous states, I am currently only licensed to practice law in the state of Nevada. No attorney-client relationship is formed until you sign an attorney-client agreement with my office. Any information provided is for discussion purposes only and there is no attorney-client relationship formed. Only general legal information is provided. Each case is unique and accurate legal advise would require review of all details and documents for each specific case. It is possible that the comments here, while meant to be helpful, may in some cases not be complete or accurate.

  2. I would urge you to take a look at the Comment which I wrote to give you a better idea of the process here in Florida which leads in almost all instances to issuance of a Temporary Injunction in favor of the Petitioner, and which is a loaded gun handed to someone dying to fire off a couple of rounds.

    Take a very close look in particular at the comments I have included regarding the Petition sworn to under oath, which serves as the predicate for the ex-parte issuance of the Temporary Injunction, which has every bit as much potential for abuse as the Permanent Injuntion will, if you do not take appropriate measures to ensure that the Motion for its Issuance is denied.

    We are pleased to offer a free thirty (30) minute initial telephone consultation, or, if possible, will attempt to schedule a free thirty (30) minute initial office consultation. Neither this offer of a free initial consultation, nor the mere fact that the initial consultation may have ultimately been conducted, whether telephonically or at our office location, should be construed; assumed; interpreted; or understood by any individual who was granted a free initial consultation for which no consideration of any sort whatsoever was tendered, to have formed or created an attorney-client relationship, or to have created any obligations owed by the attorney or attorney's firm to any individual who was given a free initial consultation, by the mere undertaking of the free initial consultation for which no consideration of any sort was tendered to attorney or attorney's firm. The formation of an attorney-client relationship occurs through the process of negotiation between the prospective parties, the individual seeking legal representation, and the attorney, acting individually, or as an agent of a firm (the capacity in which the attorney is acting shall be disclosed to prospective client, if negotiations for legal representation in exchange for good and valuable consideration are undertaken by the prospective client and the attorney. If agreement is reached by and between the parties for legal representation after the mutually satisfactory negotiation of the agreement for legal representation, and all of its individual terms; the scope of representation to be provided by the attorney to the prospective client has been delineated to the mutual satisfaction of the parties; the manner of payment of good and valuable consideration by the prospective client to the attorney has been determined; and it has been conceded by the parties that all of those factors upon which agreement had been reached by the parties and which were recited herein, had been agreed upon by the parties only after careful consideration and sufficient review of the document styled Agreement for Legal Representation, and after it has likewise been conceded by the parties that each respectively had been presented with the opportunity to have the document reviewed independently by each respective party's personal attorney, or any other attorney of his or her chooosing. If the Agreement for Legal Representation contains terms regarding contingency fee agreement or agreements for payment to the attorney for all or a portion of his or her services and legal representation on behalf of the Client, Client concedes that he or she has been presented with an additional document entitled "Statement of Client's Rights", which is a document created by the Florida Bar and approved for use in matters in which payment in full or part, is tendered by contingency fee agreement. Please note that any commentary or response offered through this site is based on the limited set of facts and background data supplied by the individual framing the question and would in all likelihood require more investigation before a complete response could properly be framed to thoroughly answer the question posed. No attorney-client relationship is, or should be presumed to be, formed through the comments or responses provided to the individual posing the question, as a courtesy, here, through this forum, nor should any other duties or obligations be construed; assumed; or otherwise be inferred to exist and/or owed to the individual who posed the question by the attorney who provided the best guidance possible to said individual under the circumstances presented as they were, including the unreasonable assumption that a full and thorough legal analysis of an individual's situation could be formulated simply based on the minute portion of the entirety of the facts and circumstances surrounding any legal matter, which could in no manner possibly be presented here in such a form which would allow for a thorough analysis, evaluation, or legal opinion to be formed by the Attorney.

  3. If you are handling this matter by yourself, you should reconsider.

    You need an experienced criminal defense litigator that also handles injunctions to help exonerate you.

    If you cannot find a local attorney on Avvo, a good place to look is the website for the Florida Association of Criminal Defense Lawyers ( Hire the attorney you feel comfortable with and you can afford. There is no confidentiality online. Speak to several attorneys and hire the one that makes you feel confident and comfortable.

    FACDL find a lawyer: | James Regan, LL.M, Esq., is a Florida lawyer answering questions pro bono. Answering these consumer questions based on limited and unverified facts does not create an attorney-client relationship. Being posted on the internet, these questions and answers are not confidential.

Violent crime topics

Top tips from attorneys

What others are asking

An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics