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I have a repeat violence injunction against me

Orlando, FL |

I have an injunction against me, from my husbands ex wife. I didn't show for the hearing, so it was granted to her. She has tried to get two contempts on me in the last 6 years but not enough evidence. I filed to have this injunction dismissed, and filed my motion, most of my motion is that there is no threat and the judge should drop this case. The other person feels, she is threatened but its bogus. How do judges usually rule? What is your past cases show with issues of this nature?

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Filed under: Criminal defense
Attorney answers 3

Posted

I don't believe judges usually rule one way or another for these types of cases. Most judges who listen to injunction cases listen to the evidence presented and try to make a thoughtful and just ruling.

I recommend you hire an attorney for this if it is important to you. The injunction already exists, it is going to be your burden to prove that it should not.

Posted

I think most judges are fair and impartial, your failure to appear will not impress the judge unless you have a very good reason! You need to look at the evidence she is putting forth and be able to rebut that conviningly. If you can prove some of it is false or without any foundation, it would be helpful. If you can show an alterior motive for the injunction, that would help as well. Does she have any felonies or something that would reflect poorly on her credibility? Do you have any favorable witnesses, phone records that show you are not calling her, were you out of town on a day she claims you harassed her, etc.

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

I didnt appear due to travelling and put that in writing, now im telling the courts that it is a default due to the petitioner lying to get the order. It will be hard for me to prove beyond a reasonable doubt however. I feel the petitioner is trying to bait me into getting me arrest on this inujnction, but its been a few years, so I dont know....She has no felonies but was arrested 12 years ago for resisting arrest, but the case was dropped. I do have records that I do not call her, but not from the date that she listed. No, I was in town the day the police called my house stating that she wants me to stop calling? This is all hearsay, I beleive

Constantine D. Buzunis

Constantine D. Buzunis

Posted

Get the cell phone and home phone records from your phone company for the dates she claims you were calling her, then all she can say is that you called from another number?

Asker

Posted

Yes, and she has a police report for battery .. The Battery didnt happen, she says it did.

Posted

I agree with my colleagues who have already answered. I would only add that under Florida Statute 784.046 an injunction may be modified at any time. If it's been 6 years since the original injunction was entered I would think there would be good grounds to dissolve the injunction. It's my recommendation that you hire a board-certified civil trial lawyer to represent you at the hearing on the Motion to Dissolve.

I am not seeking to represent you based on the response to this question. The answer given is for general information purposes only. No attorney-client relationship is hereby intended.

Asker

Posted

yes, it has been six years however there is a stupid picture of me holding a gun that the other party has a copy of, and the other party has taken me back to court twice in 6 years on contempt charges, that did not result in anything. So thats why im concerned.

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