What is the name of your state (Florida)?
Here is my situation:
I am currently unemployed. I met my ex boyfriend in June. On Aug. 27th he asked me to move in with him. We discussed the fact that I was unemployed....we decided that I would take a part time job and go to school....I would get settled in September and begin looking for work in October. We also discussed my inside cat....he said the cat could come and would not be a problem. I spent the last of my money to hire a moving company to move my belongings from my apartment to his home about an hour away. The first weekend after moving in I returned home to tie up loose ends and do the final walkthrough on my apartment. During the night I was away he was scratched by my cat so he beat the cat and threw him out of the house. When I arrived home we discussed this matter and decided the cat would stay on the enclosed back porch to prevent further interaction between he and the cat. The next weekend he went out of town and I went to visit my mother. My boyfriend again beat up my cat while I was gone. This time the cats mouth was busted on both sides of his face, a 3" plug of hair removed from his tail, he had a scratch on his nose, his nails were filed down to nothing due to being drug around the concrete flooring and he had been left in his own feces and urine for 2 days. I expressed how angry, hurt and disappointed I was that he would continue to abuse my cat for no reason (he had no signs of being scratched and no reason to interact with the cat). I told him I would make other arrangements for the cat immediately and would remove him from the house ASAP. He told me to take the cat and leave. I asked him if he really wanted me to move out and he confirmed that he did. I immediatly began making phone calls to make other living arrangements. I informed him that I would remove the cat by the weekend, try to find an apartment and when I returned after the weekend I would pack my things and set up a mover to transfer my property. I told him it could take a week or two for me to leave. He didn't display any problems with my proposal. The next day I asked him if he would be willing to split the cost of moving me out. I thought this was only fair being that I am living on limited funds and he was asking me to move out after 2 1/2 weeks of being there and I had done nothing to provoke the break-up. He became angry and declined stating that I had money and this was my problem. I told him there was no need to be rude or angry. I was trying to be amicable about the situation and make it as pleasant and painless as possible. He continued to make ridiculous excuses as to why he couldn't assist me with my expenses. I walked outside to get away from him for a few minutes and on my way out told him if he didn't want to help that was fine, I'd get it out of him one way or another. He told me not to threaten him. I stated I wasn't threatning him but that I would attempt to collect some portion of monetary assistance from him. He left the home and did not return until the next morning. Shortly after his return I received a call from the sherriffs office. They arrived at the home, served me with an order of protection and escorted me from the property. He had the order of protection issued stating that I had threatened his person, property and career by stating that he'd get his one way or another. He also sited what he called "case history" stating that I battered a past ex-boyfriend and broke his nose. I was arrested for "domestic battery" but the arrest report was incorrect. The victim in the case wrote a statement to the State Attorney's office correcting the police report. His nose was not broken. The charge was reduced to a municipal order of fighting and adjutication was withheld.
I need to protect myself against this order of protection. Any suggestions on how to fight this? Also, if it is thrown out during our court appearance will it still show up on my record? If so, can a lawyer be hired to strike it from my record?
Also, can I sue for the moving expenses in small claims court? Do I have grounds to sue for defemation of character or libel for getting an order of protection under false allegations and scarring my record? Can I sue for grief and aggravation (you know, kind of like "pain & suffering?) for being removed from his home with no place to go, having to travel 1 hour back and forth to court for the order of protection hearing?
I really tried to be pleasant about the situation and leave at least on a good note. I had no intention of continuing any kind of relationship with him once my departure was complete but saw no reason to be mean, hateful and vindictive. This man is a Captain for a correctional institute that houses death row inmates and the criminally insane. He has worked for the correction institutes in Florida for 22 years. He works out on a regular basis easily lifting 200 pounds and has been trained during his time in not only self-defense but restraint of out of control convicts. He owns many firearms and has been trained exstensivly in the use of those weapons. He is familiar with the law system and I feel he is taking advantage of the system to remove me from the house, discredit me and jeopordize my ability to get a job. PLEASE HELP!
Here is my situation:
I am currently unemployed. I met my ex boyfriend in June. On Aug. 27th he asked me to move in with him. We discussed the fact that I was unemployed....we decided that I would take a part time job and go to school....I would get settled in September and begin looking for work in October. We also discussed my inside cat....he said the cat could come and would not be a problem. I spent the last of my money to hire a moving company to move my belongings from my apartment to his home about an hour away. The first weekend after moving in I returned home to tie up loose ends and do the final walkthrough on my apartment. During the night I was away he was scratched by my cat so he beat the cat and threw him out of the house. When I arrived home we discussed this matter and decided the cat would stay on the enclosed back porch to prevent further interaction between he and the cat. The next weekend he went out of town and I went to visit my mother. My boyfriend again beat up my cat while I was gone. This time the cats mouth was busted on both sides of his face, a 3" plug of hair removed from his tail, he had a scratch on his nose, his nails were filed down to nothing due to being drug around the concrete flooring and he had been left in his own feces and urine for 2 days. I expressed how angry, hurt and disappointed I was that he would continue to abuse my cat for no reason (he had no signs of being scratched and no reason to interact with the cat). I told him I would make other arrangements for the cat immediately and would remove him from the house ASAP. He told me to take the cat and leave. I asked him if he really wanted me to move out and he confirmed that he did. I immediatly began making phone calls to make other living arrangements. I informed him that I would remove the cat by the weekend, try to find an apartment and when I returned after the weekend I would pack my things and set up a mover to transfer my property. I told him it could take a week or two for me to leave. He didn't display any problems with my proposal. The next day I asked him if he would be willing to split the cost of moving me out. I thought this was only fair being that I am living on limited funds and he was asking me to move out after 2 1/2 weeks of being there and I had done nothing to provoke the break-up. He became angry and declined stating that I had money and this was my problem. I told him there was no need to be rude or angry. I was trying to be amicable about the situation and make it as pleasant and painless as possible. He continued to make ridiculous excuses as to why he couldn't assist me with my expenses. I walked outside to get away from him for a few minutes and on my way out told him if he didn't want to help that was fine, I'd get it out of him one way or another. He told me not to threaten him. I stated I wasn't threatning him but that I would attempt to collect some portion of monetary assistance from him. He left the home and did not return until the next morning. Shortly after his return I received a call from the sherriffs office. They arrived at the home, served me with an order of protection and escorted me from the property. He had the order of protection issued stating that I had threatened his person, property and career by stating that he'd get his one way or another. He also sited what he called "case history" stating that I battered a past ex-boyfriend and broke his nose. I was arrested for "domestic battery" but the arrest report was incorrect. The victim in the case wrote a statement to the State Attorney's office correcting the police report. His nose was not broken. The charge was reduced to a municipal order of fighting and adjutication was withheld.
I need to protect myself against this order of protection. Any suggestions on how to fight this? Also, if it is thrown out during our court appearance will it still show up on my record? If so, can a lawyer be hired to strike it from my record?
Also, can I sue for the moving expenses in small claims court? Do I have grounds to sue for defemation of character or libel for getting an order of protection under false allegations and scarring my record? Can I sue for grief and aggravation (you know, kind of like "pain & suffering?) for being removed from his home with no place to go, having to travel 1 hour back and forth to court for the order of protection hearing?
I really tried to be pleasant about the situation and leave at least on a good note. I had no intention of continuing any kind of relationship with him once my departure was complete but saw no reason to be mean, hateful and vindictive. This man is a Captain for a correctional institute that houses death row inmates and the criminally insane. He has worked for the correction institutes in Florida for 22 years. He works out on a regular basis easily lifting 200 pounds and has been trained during his time in not only self-defense but restraint of out of control convicts. He owns many firearms and has been trained exstensivly in the use of those weapons. He is familiar with the law system and I feel he is taking advantage of the system to remove me from the house, discredit me and jeopordize my ability to get a job. PLEASE HELP!