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Restraining Order Filed Based on an Event the Petitioner Was Not Present

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  • 08-27-2011, 02:40 PM
    sheypp
    Restraining Order Filed Based on an Event the Petitioner Was Not Present
    My question involves restraining orders in the State of: Florida
    Someone I know has been served with a TRO based on an event in which the petitioner was not present. When she was present, however, she claims that the respondent spat on her and kicked her. This happened four months ago and she just filed the petition yesterday. After that alleged event, she continue to spend time with the responder and traveled together. It is now that they are going trough a divorce that she filed it. She has no evidence other than pictures of some if the thing that happen when she was not present. Should my friend be worried? Does she have enough grounds to convince the judge?
  • 08-27-2011, 03:26 PM
    aardvarc
    Re: Restraining Order Filed Based on an Event the Petitioner Was Not Present
    Restraining orders don't require much proof - the petitioner only needs to convince the judge that the order is "reasonable" under the totality of the circumstances.

    Quote:

    Someone I know has been served with a TRO based on an event in which the petitioner was not present
    If events that occurred outside the petitioner's presence have some bearing on the petitioner having reasonable fear, then yes, the court might consider them. It depends on the specifics of the event.

    Quote:

    she claims that the respondent spat on her and kicked her
    If it wasn't reported to police, your friend could choose to point that out to the court.

    Quote:

    she continue to spend time with the responder and traveled together
    Even people in horribly physically abusive relationships continue to "spend time and travel" with their significant other. The fact that most victims of domestic violence DON'T leave isn't lost on the courts who DO understand that dynamic. In other words, not nearly as relevent as people think. If everyone left as soon as things turned violent/physical/scary, the courts would be empty. But they're not.

    Quote:

    It is now that they are going trough a divorce that she filed it.
    Yes, that timing can certianly be highlighted for the court's notice.

    Quote:

    She has no evidence other than pictures of some if the thing that happen when she was not present.
    It's not a criminal trial...she doesn't need evidence beyond a reasonable doubt - she only needs to be able to convince the judge, that given the totality of the circumstances, that it is more prudent for the court to issue the order than NOT to issue it.
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