Legal Question in Criminal Law in Florida

I am the sole unpaid care giver of my wife who is in a wheelchair and disabled. Also I take care of my adult son who has his own disabities. I have no record for an arrest of any kind, no domestic history, no history of alcohol abuse/problems at all, and the sole providor for my family. No domestic problem history at all.

Due to improper discernment on the part of the paramedics who were called by my wife, out of overprotective concern when I fell and hit my head, And the police who eventually arrived and escalated the situation. I was chrged with (florida statute) fs 787.02 and 835.102 , and ordered to stay away from my home until this situation is resolved.

My wife was not party to this and will never be because nothing happened..She will not ever be a witness because as she said "nothing happened ". Of course they do not need her as a witness because they pressed the charges. The fact that I was under the influence of alcohol when I fell definitely hurt the situation. I also was ordered to not drink alcohol.

My question is how can I get this protection order amended to let me go home and take care of my family a.s.a.p? That is our/my sole residence. We are struggling to keep our home. We have no friends or family to help financially or otherwise..I would appreciate as much input as possible. Thank you.


Asked on 1/12/13, 11:46 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

You need to file a motion with the judge who ordered it. If there is a criminal case pending, your attorney can do that. If it is not criminal, and merely an injunction, I still suggest you get an attorney to file the motion.

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Answered on 1/12/13, 2:25 pm


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