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.












1/09/2011

Restraining Order Questions

Here is a letter we just received from one of our readers with Restraining Order Questions.

On the 6th of Jan my husband who already has a court hearing on the 24th of this month decided to grab me by the coat and hurt my chest 3 times I told him that was it I was going to call 911 I had enough so then he called 911 screaming in the phone while 911 was on the phone STOP HITTING ME OVER AND OVER AGAIN.  In the background you could hear me asking why are you lying to the sheriffs  I hope the judge can listen to those tapes.   So when they came they talked to both of f us separately and I heard him lying to them saying I was slapping him and saying stuff that was untrue.  He had been threatening me that since he was going to jail so was I and now he is succeeding so I was arrested and because I have a heart condition the sheriff's called the ambulance and they rushed me to the hospital and I was hooked up to heart monitors oxygen given nitro the whole nine.   The cops would not even take off my cuffs even though they were right there in the ambulance with me making it very difficult for the EMT's which were getting upset with them.
So I got to the hospital and was given IV fluids which had heart med's, pain pills cause the pain in my heart was so bad and I was one out of it woman.
Then they came up to the bed and said they were giving me a situation and that I could not go 100 feet from my husband that is all I remember and I was asleep in and out for a few hours then I was told I could go home well that was a little difficult since I had my car at my property and I lived 30 miles away so I took a taxi and almost could not even get out of the cab because of the effects of the medicine from the IV.
So when I came in the house I did not see him at first I passed out on my couch and he had left then and I could not even hardly see.
 
So the next morning he came home and said I was not suppose to be there and I told him what was I suppose to do I could not drive and I was not going to sleep in my car that would have still been on the property so I just left and I went to the court house and talked to the DA's paralegal and filed a paper and started for home which was 70 miles from home but I called the sheriff and I was told on the phone he was there already and he would wait for me.   
 
So I drove on my property which is 9 acres and you could never see any cars unless you did drive up but the sheriff was not there and my husband was getting in his car and I asked him where the sheriff was and he said to call him but I did not I left  and then I called the sheriff again and he said he would meet me there so I waited on the corner till I saw him and he had me follow him to my house where thinking he was going to stand by he arrested me instead taking me to jail.
 
My question to you is what do you think will happen to me on Tuesday when I go to court do you think the judge will throw me in jail?
 
I am living in my car, and while I was gone my husband ransacked my bedroom which I have pictures of and he took the 3000 my mom had given me so I could leave there and find a place to live but he stole the money leaving me no money and living in my car.  
 
The 5 day temporary restraining will be up on Tuesday I think or wed and my husband called my mom yesterday saying he was going to get another restraining order till the 24th till we go to court which is for his domestic violence case that he had for beating me up and I have pictures from the officer that took the report after he beat me when I came home from the hospital that day in July of last year.
 
Thank you and I hope you can give me in your professional opinion what do you think will happen ?

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

13 comments:

  1. Your husband tricked you it would seem. You need to document your initial call to the Police saying they would meet you there. It was the failure of the Police to appear that got you in trouble. Here in Tampa, all calls to the Police are recorded.
    That should keep you out of jail if you can get the recorded Police Transcript in time for Court.

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  2. I do not know how to get the 911 call report can you tell me how to get this report?

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  3. ask the police for it, or get a lawyer to do it, all 911 calls are recorded

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  4. problem is I just called the sheriffs dept and they said the records dept won't be open till tuesday and that is my court date on tuesday what do I do now?

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  5. Explain it to the Judge is all you can do now.
    Perhaps ask for a postponement to allow you to gather your evidence ?

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  6. they won't let me have a public drfender because they are saying i am the batterer even though they know he has a pending court date on the 24th where he beat me up and the officer took pictures which i have been trying to get for forever they have the doctors reports but my husband is trying to say he did not throw me through the door that i did that myself i am 140 lbs i would not have enough strength to do that the officer that took the photos said his fingerprints were on my back and my breast and ribs how the heck could I do that mself? My secret witness lady says that all men try to say they did not do it and the judges are very smart when it comes to a mans deniel tactect. do you agree with her?

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  7. I am not familiar with California laws, so you will just have to ask the judge at your court date to appoint a public defender, and ask for more time.
    Judges are not stupid, but will believe the evidence if you have no counter for it. Be prepared!

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  8. they won't let me have a public defender because they are saying I am the culpert and I am not entitled to a public defender or at least that is what I am told anyway by law enforcment

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  9. I just read through this blog and wow. First off it is really great to have something like this out there so thanks for putting it up. Things can get scary so quickly....know how to protect yourself...legally.

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  10. Thanks for commenting on our Restraining Order Blog! Yes, people are abusing the legal system with easy to get restraining orders that are handed out like Candy, almost for the asking. Though these restraining orders start out as civil orders of protection, they have serious criminal implications if they are violated.

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  11. my husband is an active drug user. he has not physically abused me but i have removed him from my home. he has already been in 3 rehads. can i get an order for protection to keep him out of the house.i live in n,j,

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  12. To get an order of protection, what we call a restraining order here in Florida, there must be some evidence of attempted, or real violence. That is in theory however. Judges often grant orders of protection just for the asking. If you feel you are in danger, by all means try to get a restraining order.

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  13. Hi:
    If you are served with a restraining order here in Fl. and you are unemployed can you be represtened by a Public Defender? I know the Peteioner has the State Atty. representing them, what about the Respondent? If "you" cannot be represeneted by a Public Def. what is your next option besides the "low bar"? Thank you.

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