Legal Question in Civil Rights Law in Florida

A friend I had an intimate relationship with has filed a restraining order on me. An incident occurred between us over a month ago where she had attacked me and she was injured while I tried to restrain her from further abuse and damage to my personal items (she had thrown and broke all my items on the road). The following month everything was ok, neither of us pressed charges and we continued to see each other at a local park where we both spend time enjoying our hobbies. A few days prior to receiving the injunction (no TRO granted by the court) she had sent me in text messages that she was going to start a "war" and tell her ex husband I abused her. I sent a barrage of texts back pleading with her not to do so, in one I said "you may feel differently if you spoke to the people who have f***ed me over in the past" The following day her ex husband confronted me at the said park and told me he would "put a hole in my head" this happened infront of 30+ people all there to witness, he even said "I am no longer welcome here". the following day I was served with a court date for the injunction hearing, the court did not find enough evidence to suggest she was in immediate fear for her life. I dont know what action I should take because I feel that she is doing this just to spite me and remove me from the park as she feels *uncomfortable* with me there. I have no problem never talking to this woman again, I would actually prefer that, but I seriously want to contest the fact she put in the petition that she does not want me at the park


Asked on 10/31/12, 8:18 am

1 Answer from Attorneys

Brian Balaguera The Balaguera Law Firm, P.A.

You may want to consider filing your own complaint for a restraining order against this girl's ex-husband since he did threaten to "put a hole in your head" or against her because she did hit you and his now harassing you by filing this restraining order and she also incited her ex husband to make threats against you. If the hearing regarding her petition did not yet happen, then you can appear at the hearing and contest it. You can present evidence and call witnesses. Unfortunately, there is not much you can do about the fact that she filed the peition against you or does not want you at the park. It sounds like this park is bad news though, so you may want to consider finding a new place to hang out.

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Answered on 11/14/12, 7:55 pm


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