This Blog is intended for educational and informational purposes only. Some posters are court ordered to have no contact of any kind with the person having a Restraining Order against them. Meaning no third party contact as well. If you by chance know a person one of our posters/authors is discussing to share their experiences with others, we ask you to respect our rights to free speech, under the United States Constitution. Restraining Order Blog is not meant to harass, directly or indirectly contact, harm, intimidate, bring any emotional distress, stalk or cyberstalk, nor intentionally slander or damage any individual in any way. Nor is it intended to initiate any third party contact on behalf of any poster or author, or violate a current restraining order in any way either. If you feel there is anything here that is slanderous, untrue, or illegal, please bring it to our attention. We will examine your request promptly, and any post you find offensive will be reviewed for removal in a timely manner. If you have a story to share, email me at ka7niq@yahoo.com, and I will add you as an author on Restraining Order Blog.












12/01/2009

Domestic Violence In Hillsborough County Florida


1. What is Domestic Violence in Hillsborough County Florida ?


Under the provisions of Florida Statute 741.28 , domestic violence in Hillsborough County Florida means any assault, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit. This can include but is not limited to:

•Physical Abuse: pushing, slapping, kicking, punching, chocking and beating;

•Emotional/Verbal Abuse: threats, verbal intimidation, following and stalking or acting out in anger;

•Sexual Abuse: any unwanted touching or forcing of someone to engage in a sexual act against his or her will.

Domestic Violence In Hillsborough County Florida is not limited to the "classic" stereotype of a Man abusing a Woman!
Many Men in Tampa are also victims of Domestic Violence and Verbal Abuse!




2. What is a Hillsborough County Florida Domestic Violence Injunction?



This is a petitioned order coming from the Hillsborough County Florida Court through the Domestic Violence Office that helps a victim (Petitioner) allow the Hillsborough County Florida Court jurisdiction over the parties noted and puts provisions in place as to avoidance of any further acts of violence.


3. How can I apply for a Hillsborough County Florida Domestic Violence Injunction?



The information for this procedure can be obtained by contacting the Hillsborough County Florida Domestic Violence Office.
 or via the Hillsborough County Florida Sheriffs Office Web Site, http://www.hcso.com/


4. Are there any other Hillsborough County Florida injunctions available if my situation is not domestic?



The  Hillsborough County Florida Domestic Violence Office can also help with injunctions for Repeat Violence, Dating Violence and Sexual Violence Injunctions.



Repeat Violence Injunction: Hillsborough County Florida law defines repeat violence as two incidents of violence or stalking, one of which must have occurred within the last 6 months, which are directed against the Petitioner (the person applying for the injunction) or the petitioner’s immediate family. If you are the victim of repeat violence in Hillsborough County Florida, or you are the parent or legal guardian of a minor child who is living at home and who is the victim of repeat violence, you have standing in the Hillsborough County Florida Circuit Court to file a petition to obtain an injunction for protection against repeat violence for yourself or on behalf of that minor child.



Hillsborough County Florida Dating Violence Injunction:
 Dating violence is violence between individuals who have had a continuing and significant relationship of a romantic or intimate nature in Hillsborough County Florida. The existence of such a relationship is determined by the consideration of several factors:

•The dating relationship must have existed within the last 6 months.

•The Hillsborough County Florida law states that the relationship must be characterized by the expectation of affection or sexual involvement between the parties and the interaction between them has been on a continuous basis during the course of the relationship in Hillsborough County Florida.



This does not include casual acquaintanceships or violence between individuals who have only engaged in ordinary interaction in a business or social context.



Hillsborough County Florida Sexual Violence Injunction: This injunction can be obtained for protection against sexual violence if you are the victim of sexual violence or you are the parent or legal guardian of a minor child living at home who is the victim of sexual violence. Under this Hillsborough County Florida law, sexual violence means:



•Sexual battery,

•A lewd or lascivious act committed on a person under age 16,

•Sexual performance by a child

•Or any other forcible felony wherein a sexual act is committed or attempted in Hillsborough County Florida.



It does not matter if Hillsborough County Florida criminal charges based on the incident were filed, reduced or dismissed by the Hillsborough County Florida State Attorney. However, the law also requires that the sexual violence has been reported to a law enforcement agency and that the victim is cooperating with any criminal proceeding against the respondent, regardless of whether criminal charges stemming from the sexual violence have been filed, reduced or dismissed; or requires that the respondent who committed the sexual violence was sentenced to a term of imprisonment in state a prison and that term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed in Hillsborough County Florida.



The laws involving the criteria for issuing an injunction for protection against sexual violence are more complicated than those for other types of protective injunctions. If you are considering filing for this type of injunction you may be able to obtain advice or assistance from the 1. What is Hillsborough County Florida Domestic Violence?




Under the provisions of Florida Statute 741.28 , Hillsborough County Florida domestic violence means any assault, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit. This can include but is not limited to:



•Physical Abuse: pushing, slapping, kicking, punching, chocking and beating;

•Emotional/Verbal Abuse: threats, verbal intimidation, following and stalking or acting out in anger;

•Sexual Abuse: any unwanted touching or forcing of someone to engage in a sexual act against his or her will in Hillsborough County Florida.

8 comments:

  1. In my opinion, the "sexual violence restraining order" is too easy to obtain for a "protective mother." All she has to do, and even in the midst of a protracted divorce and/or custody battle, is allege in her affidavit accompanying said restraining order that her 4 year-old daughter told her daddy touched her (child) in the pee pee. This oit of court statement is admissible as an exception to the hearsay rule.

    In my opinion, this ex parte signed restraining order based on the above scenario is unduly prejudicial to the accused and this court should dismiss same sua sponte and divest jurisdiction to either the family or juvenile dependency courts.

    Dean Tong, MSc.
    abuse-excuse.com

    ReplyDelete
  2. I totally agree Dean that women are using the current domestic violence laws to gain an advantage in a divorce, or child custody situation.
    We see it all the time here in hillsborough county, florida!
    By fradulently obtaining the order you speak of, the Mother will get temporary custody granted to her.
    She will then drag the whole case out.
    By the time it goes before a judge, she will have had sole custody of the child for a considerable length of time.
    Most judges will "leave well enough alone" and grant her permanent custody.
    I was a victim of the domestic violence laws here in hillsborough county, florida.
    That is one reason I started this blog.
    My ex girlfriend used the police and restraining orders to "win arguments" between us!
    Her and I had 4 restraining orders in a 6 year relationship, and we violated every one of them.
    This last time, she really set me up good, and deceived me into violating the domestic violence order of protection.
    I think domestic violence laws in hillsborough county florida need to work BOTH ways ?
    Currently, they do not.
    She obtained a domestic violence restraining order by claiming fear, yet had almost constant daily contact with me throughout the hillsborough county injunction!
    In fact, she was even staying at my home during my last domestic violence ordeal!
    It was all an act, designed to get me to violate the hillsborough county domestic violence injunction enough times so the hillsborough county state attorney could charge me with felony stalking!!
    Next thing I knew, I was arrested for aggravated stalking, and taken to the hillsborough county jail!
    My bond was set at 200.000.00 !
    The Hillsborough County State Attorneys Office dropped the Felony Aggravated Stalking, in exchange for a plea to 3 counts of violation of a hillsborough county restraining order!
    I wanted to go to jury trial, but I could have stayed a year in the hillsborough county jail fighting the domestic violence charges!
    Facing total financial ruin, I had little choice but to plead guilty.
    All I can do now is Blog, and try to make people aware of the one sided, and unfair to men, current hillsborough county florida domestic violence laws.

    ReplyDelete
  3. Guys, I need help!
    I've a "beautiful" (till now) relationship with a woman who now is very angry. We've been broken up for 3 months, although we've been in contact almost weekly. Since Dec. '09, she has kicked me out of her house, changed the locks, asked me to stay with her for a week (all was great till she changed her mind), then kicked me out again. Today, I went to see her at work, waited for her outside to ask her to please talk to me and hear me out. She got furious, told me to stop stalking her or she'd call the cops. I followed her to the office to say by, I love you, etc, she chased out of the building, threw/broke a ceramic ornament that I had bought her on the floor and told me to never come back. Now I checked the Court Records online and there's a petition open as of today, under "Domestic Violence". I called and the clerk told me that she couldn't give me details, but that I'll probably be served papers soon; seems like she asked for a restraining order. NOW: what do I do? I'll probably have to appear in front of Judge Palomino soon...I'm very hurt by this, but I have to protect myself. Can I get her to drop everything? Any advise helps, thank you.

    ReplyDelete
  4. My advice to you would be to leave her alone.
    She has told you she does not want to be with you, even gone to court to get a restraining order. If she wants to drop it, she will. But attempting to talk her into dropping the charges can get you arrested for tampering with a witness in Hillsborough County, Florida.
    I would just move on, if it were me.

    ReplyDelete
  5. OK, thank you, that's exactly what I thought: to stay away. Can I go to a Sheriff's office and ask for details about my case before being served? I don't want to go through the embarrassment of being served. I work in a very small office (5 people) of high-profile CPAs and this could get me fired. I won't be home, so I'm sure I'll be served at work. What's next? Do I have to appear in front of a judge? What are my chances of getting everything dropped? I've never put a finger on her, not even yelled at her, especially today, she's the one who got really angry/violent today...thank you.

    ReplyDelete
  6. In Hillsborough County, Florida the police are pretty considerate, and really don't want to track you down. I would call the police where you live and ask them ?

    ReplyDelete
  7. HOW CAN SOMEBODY HELP ME MY MOTHER SHE GOT A DOMESTIC VIOLENCE ON HER RECORD NOW AND STILL SERVING.. BUT SHE DIDNT HARM THE PERSON HE REALLY PHYSICALLY HARM HER UNTIL THE POINT THAT SHE COULDNT TAKE IT NOMORE WHAT DO YOU DO WHEN THE PERSON LIE N SAY THAT YOU HURT THEM BUT REALLY THEY NOT HURT .....BUT THE BAD THINGS HE GOT A WARRENT FOR HIS ARREST IN CHICAGO IL FOR HITING MY MOTHERS SO WHAT DO YOU DO ABOUT THAT........

    ReplyDelete
  8. Did this domestic violence happen in hillsborough county florida ? If so, I would make the hillsborough county states attorney aware of the previous arrest for hitting your mother, and his propensity for telling lies. In my restraining order violation and aggravated stalking case here in hillsborough county, it did not matter to the states attorneys office. All the assistant hillsborough county states attorney seemed to care about was keeping me in Jail w/o bond, and getting her conviction. I would go ask a court reporter what criminal defense attorney is really good, and try to hire them. A domestic violence arrest and conviction on your record can really screw you up in the future.

    ReplyDelete