I'm fighting a restrainig order that was granted against me......

[All Alone]

What is the name of your state (only U.S. law)? Florida

Of course every one says they're innocent, I really am. Not that I guess it matters much, I just want some general advice if anyone happens to be familiar with how all this works.

I got in an argument with a lady at work (her and her son own the business), I lost my job of course. I lost the house I was living in too as I was renting it from her son. They evicted me since I didn't have a lease.

I was homeless about 6 months, finally got an apartment and things started to improve. In that 6 months time though this woman filed for a restraining order, since I did not make the hearing the order was granted from the judge.

I had so much going on at that time I wasn't able to worry about that, hell I was worried about surviving day to day. Now that I'm more settled (and after I realized these things are permanent) I challenged the ruling and have won a chance for the judge to rehear the case.

Here's a few of my questions.....

Are we allowed to bring lawyers? Witnesses?

What is the judge looking for exactly?

What should I be trying to get across to him?

In short, she claimed I said I was going to "beat the sh it out of her". It's a total and complete fabrication.

For some reason this lady just can not let go. They used the court system to harrass me, that's the GOD's truth.....

I've never laid a hand on her. I've never thought of laying a hand on her.

I've never hit a woman in my life. Never been charged with it, and certainly never convicted.

This is a first for me.

I can write every word she used in the first trial to get the restraining order but in short, I never hit her.

Even she didn't try and say that, just saying that I threatened her.

I'm good friends with her daughter, we used to be a couple and had been for many years. To this day the daughter and I are close.

Needless to say her Mother is not happy about it.

I bring that up because I often hear from the daughter how much this woman still talks about me.

The initial restraining order was granted like 2.5 years ago, I never violated anything, but this woman is always talking about me....

Not the other way around.

The final straw for me came when I come out of the back room one night and I hear her daughter giving my address out over the phone.

I thought it was a pizza at first? Finally she breaks down crying, says her Mom offered to help her with some finanical problems she is having if she gives her my address??

That's when I got angry, I realize this woman is never going to let this go. I mean why would she want to know where I'm living?

I'm the one she's got the restraining order against but I've moved on long ago.

Anyway I know this is long, I'm sorry, but does anyone have any advice on this?

I hate to do it but should I ask the daughter to testify for me in case the woman denys trying to get my address?

Thank you so much to anyone that helps me, if you want/need more details I can provide them.

If a lawyer gives me a phone consultation I can pay you some money on the 3rd of this month and the rest on the 3rd of October. The majority then.

I'm moving in to help my Mom, she's got Parkenson's disease and someone needs to stay there with her.

She insisted I would not be able to pay any bills so I can afford to send an attorney some money at that point (September is last month of my current lease).

But I'll be more than happy to take advice from any old Tom, Dick or Harry that might know something about this stuff.

Can I be guilty of anything although I never touched her in my life?

 

[TigerD]

Get a lawyer for this.

There are collateral consequences of a restraining order.

Dc

 

[single317dad]

The fact that there is a restraining order against you does not mean you have been charged with, nor convicted of, a crime. Therefore, you are not "guilty" of anything. It is not in your best interest to have a restraining order against you, so you are wise to contest the issue. However, all the complainant needs to do is establish that she is fearful of you or afraid you might harm her, so the bar is set extremely low and your chances are not great for getting this order dismissed.

 

[All Alone]

The fact that there is a restraining order against you does not mean you have been charged with, nor convicted of, a crime. Therefore, you are not "guilty" of anything. It is not in your best interest to have a restraining order against you, so you are wise to contest the issue. However, all the complainant needs to do is establish that she is fearful of you or afraid you might harm her, so the bar is set extremely low and your chances are not great for getting this order dismissed.

That's what I'm afraid of. I thought maybe the judge would see this for what it is by the fact she was bribing her own daughter to get my address.

I mean why would a woman that feared someone do that?

She doesn't fear me, she was just harrassing me through the court system.

She's got 2 dobermans that live with her and go where she goes, a concealed permit to carry a firearm, and they own a pawn shop.

They got more guns in there than most LA gangs.

If she answers truthfully she'll say she doesn't fear me, problem is she's probably going to lie.

PS - it's been 2 1/2 years, I haven't gone near her since. Will that help me at all?

 

[single317dad]

That's what I'm afraid of. I thought maybe the judge would see this for what it is by the fact she was bribing her own daughter to get my address.

I mean why would a woman that feared someone do that?

She doesn't fear me, she was just harrassing me through the court system.

She's got 2 dobermans that live with her and go where she goes, a concealed permit to carry a firearm, and they own a pawn shop.

They got more guns in there than most LA gangs.

If she answers truthfully she'll say she doesn't fear me, problem is she's probably going to lie.

PS - it's been 2 1/2 years, I haven't gone near her since. Will that help me at all?

The facts that she has dogs and guns could be turned around to show how fearful she actually is. A lot of "evidence" is like that, in that it could play out in favor of either party, and a skilled attorney would be able to determine what you should and should not bring up to avoid hurting your own case.

Unfortunately, petitioners lying to get restraining orders is all too common and is rarely if ever proven and punished. I had my own similar case where my ex filed (and subsequently dropped) SIX ex parte protective orders against me. Regardless of the complete lack of hard evidence, and the fact that she constantly tried to contact me while the orders were in effect, every single one of them was granted, and the only way I ever got them dropped was by the petitioner either dismissing them voluntarily or failing to appear at the review hearings. Of course this is a different state and says nothing to your own case, but I think you should be prepared for that possible eventuality.

The fact that you haven't violated this order is of course in your favor, but whether the court will attach significance to that is beyond me. A brief consult with a local attorney would be a very good use of $100 or so.