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Restraining Order 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 Restraining Order experiences with others, we ask you to respect our rights to free speech, under the Constitution. Restraining Order Blog is not meant to harass, directly or indirectly contact, harm, imtimidate, 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. If you feel there is anything on our Restraining Order Blog 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.






1/15/2010

Crazy Neighbor

Here's my story - any advice would be greatly appreciated.

I have lived at my current residence for 6 years as well as my neighbor 2 houses down. We were warned about her the day we moved in and have always avoided any contact but up until 2 weeks ago that all changed. This lady has consistently sped through our neighborhood with no regard to children playing nearby. My wife as well as other neighbors would occassionally motion to her to slow down but just ignored. I finally witnessed her careless driving when she almost struck my child. I walked down to her house staying in the road making sure not to go on her property and told her she needed to slow down. We ended up getting in a hollering match (no threats). She told me that kids belonged on sidewalks not in the road - well our neighborhood doesn't have sidewalks. So I used some choice words and that was it. Later that day (6 hrs) a knock on my door & there was the police. She said she was in fear of her life. I explained the situation to the police and there was nothing they could do since a moving violation has to be witnessed by the police. A few days later in the evening, I am at the end of my driveway on my motorcycle waiting to pull out as a car is approaching & it was her she nearly hit me. So I walked down rapidly this time b/c this is the 2nd time in less than a week & I feel she did it just b/c she knows she can now and I tell her again that she needs to slow down, etc. This time I call the police to report (as well as she did). Same story, they can't do anything unless they witness it or I have a mark on me. 2 days later, I am served with injunction papers for repeat violence with a court date to determine if it is warranted. Court day - I bring 4 witnesses, 12 written testimonies, police reports from both incidents proving she lied on her injunction paperwork, speeding ticket info I found online where she received 2 recent speeding tickets within a day of each other (proving she has no regard for the law) and the judge doesn't want to see any of it. She got all the time in the world to state her side, then when it came to my turn I got to explain the first incident & he was ready to make a ruling. I asked the judge if I could finish my side of the story and he immediatley got an attitude and said I was going to dismiss this but I think you are argumentative & confrontational and issued a 90 day injunction only b/c I asked to finish. He stated in court he could not control my freedom of speech & that he could not control her speeding. So how can he then go & grant this without any wrongdoing just b/c I asked to take up a lil bit more of his time? I am in the public safety field & fear this will not be over come my 90 days. She will either make more false allegations of violating the injunction or request an extension before it expires. Since we live w/in less than 500 feet of each other I am not allowed to go past my property line towards her house. Is there a way to appeal an injunction? Do I have sufficient info to file a claim against the judge? What should I do, other than avoid this lady at all means?

Restraining Order Blog is not meant to harass, directly or indirectly contact, harm, imtimidate, 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. If you feel there is anything on our Restraining Order Blog that is slanderous, untrue, or illegal, please bring it to our attention. Our Restraining Order Blog Legal Staff will examine your request promptly, and any post you find offensive will be reviewed and possibly removed in a timely mannner

5 comments:

  1. Welcome to America 2010 Chuck!
    You should name the Judge by NAME, and let the Taxpayers know about him!
    You got screwed Chuck, by the Judge granting the injunction.
    Now, this woman has great power over you, our screwed up laws have seen to that!
    She has the Law on HER side now, since she knew how to play the game.
    ALL she has to do is SAY she saw you "harassing her" and you will go to Jail!
    Most Judges will always grant injunctions.
    Here is why.
    If the deny the injunction, and she gets hurt, their political career is over!
    If they grant it, and you hurt her, they have covered their azz.
    IMHO, the judge used your "combativness" as an excuse to cover his pompous azz.
    An appeal of the ruling will cost a fortune Chuck.
    My advice is to just stay the heck away from her, and account for your EVERY move for the next 90 days!
    I would make a NEW Post on this blog chuck, and aim it right at the judge or law enforcement officers who screwed you.
    Let the taxpayers of your county KNOW what kind of crap is going down ?
    If you do a search on Google for Hillsborough County States Attorney, you will see this blog at the number 3 or 4 search result!
    I have become pretty good at search engine optimization, LOL
    Before you post the info about how the judge screwed you, email it to me ?
    I will re write it to make SURE it shows up in a Google search.
    Do NOT let any public official screw you over Chuck.
    Our founding fathers ensured we would have freedom of speech, for situations exactly like this.
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  2. Hi
    I am having trouble figuring out this web site and how to post/comment/blog/email. I attempted to email the commenter but was unsuccessful. I, too, have a very difficult situation where an order was granted without any ability to defend against it. I am looking for some help but am at a loss.
    ReplyDelete
  3. I am having the same issue as CHUCK! Except, my neighbor lives directly across the street from me and he has an injunction on my husband. Basically, I have lived here for 6 years and watched this neighbor bully everyone on the block. He tells you when to mow your lawn, where to keep your pets. He's a real ass. One day he got mad at me for feeding my cat in my front yard. (I rescued some puppies for my neighbor and had to relocate my cat to the front) When I refused to stop feeding my cat and he couldn't get any of the five county agencies he complained to to do anything, he began surveilling my home. Conveniently this guy is also the 30 year head investigator for the Public Defender's office. SO he sits in front of my home with cameras and recorders and admits it on his court papers requesting a repeat violence injunction against my husband and myself. He filed the request for injunction after my husband went out one morning and told him to leave us alone while he was sitting in front of our driveway taking pictures! The sheriff refused to do anything about my husband yelling at him but in January Judge Bergosh in Santa Rosa County Florida went ahead and granted this guys request. Making the injunction against my husband permanent. Unfortunately, we were unable to retain a lawyer and our neighbor used the Public Defender he works for, Tony Henderson to represent him in the matter. They even used the address for the Public Defender's office on court papers. Now here we are three months later and the same neighbor has now tried to have my husband arrested for checking on a different neighbor after he had his water turned off and wrecked his truck. The man is literally trying to make my husband a prisoner in his own home or put my husband in jail. I finally agreed to use my 77 year old mom's only retirement money to try to retain an attorney but both attorney's I have spoken with say, there's nothing we can do. They say it is illegal for my husband to visit our neighbor's and we can not appeal this injunction now. In the meantime, this ass is back out taking pictures of us daily. The stress is so bad I have had to be placed on Xanax to sleep. Is there any justice available for us?
    ReplyDelete
  4. Under the current restraining order laws, whoever gets one first is in the drivers seat. Once one is in place, there is little you can do, but stay away from that person, and hope like hell they do not lie, and get a cop to believe them, or you will go to jail.
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  5. I live in Denton Texas and have a horrible neighbor. Since the first day we purchased our home we have had nothing bur problems with this neighbor. We’ve liked in our home for 9 years but this has been the worst. The neighbor actually has cameras and points them at our home. He watches every move we make, who comes, and who leaves. My husband was on disability, home health and now hospice. He writes down license plate numbers, video records staff coming and going and has actually chased them down the street and asked them what is going on in our home. The police department does nothing and states he is within his rights. I’m exhausted and need resolution. Does anyone know what else we can do?
    ReplyDelete