Restraining orders are powerful defense to Stalking, Cyber-Stalking and Domestic Violence.
If someone has filed a restraining order against you contact William Moore Criminal Defense. A restraining order is a statutory cause of action legally known as an injunction for protection against domestic violence, which is initiated by the alleged victim. Criminal defense attorneys are generally contacted to defend against these types of cases in Fort Lauderdale despite the action itself not being of the criminal law statutes. Based on our experience, this is due to the fact that an action for a restraining order parallels the practice and procedure of the criminal court.
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To emphasize how an action for a restraining order mimics criminal litigation consider the facts recently argued by a local criminal defense attorney.
In a recent petition for a restraining order, evidence did not support a final judgment of an injunction for protection against domestic violence, entered against an unmarried male cohabitant, even if he made harassing telephone calls to a female cohabitant, a bedroom window was broken, and female cohabitant made a sworn allegation about being threatened with a gun. At the hearing, the criminal attorney representing the respondent emphasized that the female cohabitant did not accuse the male cohabitant of breaking the window, there was no evidence that the male cohabitant was involved in the window incident, nothing in evidence suggested that the telephone calls gave the female cohabitant cause to believe she was in imminent danger, the female cohabitant did not testify that she was a victim of past domestic violence at the hand of male cohabitant, and the female cohabitant recanted her gun allegation. In addition, a former husband’s statement to a process server that the former husband should have killed the former wife 11 years ago did not support the conclusion that the former wife had reasonable cause to believe she was in imminent danger of becoming a victim of domestic violence, as required for the issuance of an injunction for protection against domestic violence. In this case the criminal lawyer representing the respondent argued that the process server could not tell if the former husband was serious in making the statement, statement was not made directly to former wife, and the former husband made no indication that he intended the process server to pass the statement on to the former wife as a threat.
Based on the nature of the litigation process pertaining to restraining orders, the respondent client may wish to consider the hiring of a criminal defense attorney proficient in handling restraining order cases. Additionally, as a violation of a restraining order is in fact a criminal violation, the reasoning for factoring this into one’s choice of representation if clear.