False Injunction

[IamtheCram]

Florida - on the 18th My fiance and I split after being together a couple of years and living together for over a year. This was due to lies told to her by people at our workplace and coincidences, all of which I could have proven wrong. I didn't get a chance. Her parents were there for the confrontation/end of relationship. At the end of the conversation, I went to leave and they asked me if I need clothes and my phone charger. I went to grab my charger and noticed my gun was missing from beneath the bed. I said "there's something missing already," and asked where my pistol was. I spent the weekend, Monday, Tuesday, and was served on Wednesday while packing my things peacefully. Now, there never was any violence, threats of violence, and I have no history of violence either. She confirmed that in her Injunction statement. She said that I was angry and looking for my gun and feared for her life. She said in it that I couldn't produce a prescription, I tried, they wouldn't look at what I was showing them. She said that I was paranoid and up at all hours of the night when I heard a noise. True. Both of our vehicles along with 25 others had recently been broken into, of course Im going to get up when I hear something that's off. Basically, she painted me as a drug crazed monster without any proof and I was served an injunction. I had made plans to move back home to GA days before I was served. We work(ed) for the same company. The injunction would have prevented me from having a job there. I was forced to resign and moved back home with the hearing scheduled for the 5th. The injunction is crap and was done out of spite. What can be done about me having to resign because of a false injunction? Theft charges for removing my property from the home and giving it to a mutual friend?

 

[Taxing Matters]

I was forced to resign and moved back home with the hearing scheduled for the 5th. The injunction is crap and was done out of spite. What can be done about me having to resign because of a false injunction? Theft charges for removing my property from the home and giving it to a mutual friend?

I assume the hearing on the 5th is for the permanent injunction. Temporary orders of protection are typically easily obtained, but the protected person must make a stronger showing at the permanent proceeding, and you have the opportunity to defend. So start by defending in that matter. If the court declines to make the injunction permanent then the temporary injunction will end.

Apart from that, however, I’m not seeing much you can do here. Your ex obviously saw the situation differently than you did. While perhaps you could have explained away all the coincidences and behavior, if what she saw from her vantage point made her fear for her safety then she was entitled to seek the injunction. As statements made in litigation are generally protected from defamation claims by privilege, you likely wouldn’t get anywhere suing her for the statements she made in the injunction proceeding.

Do you have the gun now? If you do, then the police are not likely to act on a theft report, though you may file one if you wish. Be careful, though, as bringing to the police the fact that you have a gun and want it back during while a protection order matter is pending might give you unwanted attention from the police.

 

[quincy]

Florida - on the 18th My fiance and I split after being together a couple of years and living together for over a year. This was due to lies told to her by people at our workplace and coincidences, all of which I could have proven wrong. I didn't get a chance. Her parents were there for the confrontation/end of relationship. At the end of the conversation, I went to leave and they asked me if I need clothes and my phone charger. I went to grab my charger and noticed my gun was missing from beneath the bed. I said "there's something missing already," and asked where my pistol was. I spent the weekend, Monday, Tuesday, and was served on Wednesday while packing my things peacefully. Now, there never was any violence, threats of violence, and I have no history of violence either. She confirmed that in her Injunction statement. She said that I was angry and looking for my gun and feared for her life. She said in it that I couldn't produce a prescription, I tried, they wouldn't look at what I was showing them. She said that I was paranoid and up at all hours of the night when I heard a noise. True. Both of our vehicles along with 25 others had recently been broken into, of course Im going to get up when I hear something that's off. Basically, she painted me as a drug crazed monster without any proof and I was served an injunction. I had made plans to move back home to GA days before I was served. We work(ed) for the same company. The injunction would have prevented me from having a job there. I was forced to resign and moved back home with the hearing scheduled for the 5th. The injunction is crap and was done out of spite. What can be done about me having to resign because of a false injunction? Theft charges for removing my property from the home and giving it to a mutual friend?

If you are defending against false claims made by your ex in her quest to obtain a permanent order of protection, you would be smart to have an attorney with you at the hearing. Your attitude and appearance will matter to the judge. How you conduct yourself in the presence of your ex when she is telling lies about you matters.

I recommend you speak to your attorney prior to filing a theft report. My concerns echo the concerns expressed by Taxing Matters. When a temporary protection order is in place and a permanent order is being sought, trying to retrieve your gun from your ex (or from whomever is currently in possession of the gun) could be viewed as an act dangerous to your ex and work to her benefit in getting the permanent order issued.

It is difficult to combat lies told by exes in these hearings. Having a legal professional in your area advise and guide you could be your best hope of successfully refuting the lies.

Good luck.

 

[Eekamouse]

Florida - on the 18th My fiance and I split after being together a couple of years and living together for over a year. This was due to lies told to her by people at our workplace and coincidences, all of which I could have proven wrong. I didn't get a chance. Her parents were there for the confrontation/end of relationship. At the end of the conversation, I went to leave and they asked me if I need clothes and my phone charger. I went to grab my charger and noticed my gun was missing from beneath the bed. I said "there's something missing already," and asked where my pistol was. I spent the weekend, Monday, Tuesday, and was served on Wednesday while packing my things peacefully. Now, there never was any violence, threats of violence, and I have no history of violence either. She confirmed that in her Injunction statement. She said that I was angry and looking for my gun and feared for her life. She said in it that I couldn't produce a prescription, I tried, they wouldn't look at what I was showing them. She said that I was paranoid and up at all hours of the night when I heard a noise. True. Both of our vehicles along with 25 others had recently been broken into, of course Im going to get up when I hear something that's off. Basically, she painted me as a drug crazed monster without any proof and I was served an injunction. I had made plans to move back home to GA days before I was served. We work(ed) for the same company. The injunction would have prevented me from having a job there. I was forced to resign and moved back home with the hearing scheduled for the 5th. The injunction is crap and was done out of spite. What can be done about me having to resign because of a false injunction? Theft charges for removing my property from the home and giving it to a mutual friend?

As far as she and everyone at your former work is concerned, you are a drug addict. You would have readily agreed to take a drug test if you weren't getting high on something. You obviously had been acting strange for awhile because if you hadn't of been, she'd have been in your corner, defending you when those "lies" were told to her. If the injunction was filed out of spite, wouldn't she have lied on it to make you look worse? She's only trying to protect herself and get away from you without you causing her a bunch of unnecessary drama. Can't fault her for that. And you weren't forced to resign. If you ask me, you resigned because you didn't want to take the drug test your work wanted you to take.

 

[quincy]

Here is a link to IamtheCram's other thread:

https://forum.freeadvice.com/hiring-firing-wrongful-termination-5/theres-something-happening-here-639814.html