unjust injunction?

[c4d3d2]

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

Several weeks after my mother broke up with her boyfriend the ex-boyfriend began harassing my mother, verbally and leaving derogatory notes on her car and at her place of employment. My mother talked to a local police officer who determined based on the evidence of his actions that he was legally stalking her and could be arrested for it. The officer advised someone from our family go talk to the ex before taking more drastic measures such as arrest. For the next few days we checked by his house but couldn't find him.

Less than a week later I see the ex driving, only a few hundred yards from his house. I followed him to his house and parked behind him as he was getting out. I immediately advise him to discontinue harassing my mother, no more notes, phone calls, or stalking. Of course I was a bit heated, and I didn't ask him nicely but refrained from touching him in any way or making a verbal threat of violence. Before leaving I told him not to make me come back. (as I'd be returning with cops to have him arrested if he continued the abuse)

He filed a complaint for "repeated violence" seeking an injunction from me, even though this was the first time I've even talked to the guy. The court denied his request without a hearing, but at the hearing the judge decided to activate the injunction on the case of his word vs. mine.

I personally don't care about the injunction, as long as he stays away from our family I have no desire to ever see him but I feel like I was wronged by the legal system. What can I do to reverse this injunction or get it thrown out?

[Ohiogal]

Originally Posted by c4d3d2

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

Several weeks after my mother broke up with her boyfriend the ex-boyfriend began harassing my mother, verbally and leaving derogatory notes on her car and at her place of employment. My mother talked to a local police officer who determined based on the evidence of his actions that he was legally stalking her and could be arrested for it. The officer advised someone from our family go talk to the ex before taking more drastic measures such as arrest. For the next few days we checked by his house but couldn't find him.

Less than a week later I see the ex driving, only a few hundred yards from his house. I followed him to his house and parked behind him as he was getting out. I immediately advise him to discontinue harassing my mother, no more notes, phone calls, or stalking. Of course I was a bit heated, and I didn't ask him nicely but refrained from touching him in any way or making a verbal threat of violence. Before leaving I told him not to make me come back. (as I'd be returning with cops to have him arrested if he continued the abuse)

He filed a complaint for "repeated violence" seeking an injunction from me, even though this was the first time I've even talked to the guy. The court denied his request without a hearing, but at the hearing the judge decided to activate the injunction on the case of his word vs. mine.

I personally don't care about the injunction, as long as he stays away from our family I have no desire to ever see him but I feel like I was wronged by the legal system. What can I do to reverse this injunction or get it thrown out?

You threatened the guy. HOW dare YOU! You were out of line and quite frankly had no right to FOLLOW HIM to HIS HOUSE and threaten him (with coming back again). Seriously. He should have had YOU arrested for trespassing.

And if they denied his request without a hearing when was the hearing that the judge held to activate the injunction, as you state?

[Gracie3787]

Originally Posted by c4d3d2

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

Several weeks after my mother broke up with her boyfriend the ex-boyfriend began harassing my mother, verbally and leaving derogatory notes on her car and at her place of employment. My mother talked to a local police officer who determined based on the evidence of his actions that he was legally stalking her and could be arrested for it. The officer advised someone from our family go talk to the ex before taking more drastic measures such as arrest. For the next few days we checked by his house but couldn't find him.

Less than a week later I see the ex driving, only a few hundred yards from his house. I followed him to his house and parked behind him as he was getting out. I immediately advise him to discontinue harassing my mother, no more notes, phone calls, or stalking. Of course I was a bit heated, and I didn't ask him nicely but refrained from touching him in any way or making a verbal threat of violence. Before leaving I told him not to make me come back. (as I'd be returning with cops to have him arrested if he continued the abuse)

He filed a complaint for "repeated violence" seeking an injunction from me, even though this was the first time I've even talked to the guy. The court denied his request without a hearing, but at the hearing the judge decided to activate the injunction on the case of his word vs. mine.

I personally don't care about the injunction, as long as he stays away from our family I have no desire to ever see him but I feel like I was wronged by the legal system. What can I do to reverse this injunction or get it thrown out?

No, you were not wronged.

Sadly, you and your mother followed the completely incorrect advice of the police officer. NEVER make any attempt to speak to any person who is harrassing you. The officer should have advised you to go to the courthouse to file for a protective order- period.

You've already had your evidentiary hearing and based on testimonies the court rightfully granted the injunction simply because you were guilty of stalking and harrassment.

If the ex continues to stalk or harrass your mother she has the right to file for a PO, but with the complication of an order being issued against you it will be more difficult for your mother. She might want to get a quick consult before filing though.

[c4d3d2]

Originally Posted by Ohiogal

You threatened the guy. HOW dare YOU! You were out of line and quite frankly had no right to FOLLOW HIM to HIS HOUSE and threaten him (with coming back again). Seriously. He should have had YOU arrested for trespassing.

And if they denied his request without a hearing when was the hearing that the judge held to activate the injunction, as you state?

So merely going to his house and telling him to stop stalking and harassing my mom in turn makes ME a stalker? I never set foot on his property, though I don't see how that makes a difference, I talked to him in the public road.

He claims I punched him in the face, leaving a bruise and blood. The police report says otherwise, no marks found as well as a witness who saw him walking away, uninjured.

My mom is already filing an injunction on him, but has good reason to believe that without someone personally confronting the ex and telling him to stop, the harassment and stalking would have continued.

The think I don't understand is 3 separate officers involved with my mothers case told me I did the right thing and was smart not to hit him so my "wrongdoing" comes as a complete surprise to me.

[LdiJ]

Originally Posted by c4d3d2

So merely going to his house and telling him to stop stalking and harassing my mom in turn makes ME a stalker? I never set foot on his property, though I don't see how that makes a difference, I talked to him in the public road.

He claims I punched him in the face, leaving a bruise and blood. The police report says otherwise, no marks found as well as a witness who saw him walking away, uninjured.

My mom is already filing an injunction on him, but has good reason to believe that without someone personally confronting the ex and telling him to stop, the harassment and stalking would have continued.

The think I don't understand is 3 separate officers involved with my mothers case told me I did the right thing and was smart not to hit him so my "wrongdoing" comes as a complete surprise to me.

Your mistake was being "heated" about the matter and threatening to come back. If you had calmly told him that you and your mother had spoken to the police and that you were giving him a chance to leave your mother alone before having him arrested for stalking, that might not have been a problem.

I still think that it wasn't good advice on the police's part, but it might not have been a problem. However, you didn't handle it calmly. You got heated and you threatened.

[c4d3d2]

I understand, and yes I agree I did openly threaten him. I didn't threaten to physically hurt him but I suppose that doesn't matter much to the judge.

Oh well, you live you learn!