My question involves restraining orders in the State of: Florida
First things first, my husband and I have been separated for 2 months & I'm currently living with my mother & would stay at our apartment (it's in both of our names) on the weekends so our daughter could spend time with both of us. (we've been trying to work things out from what i understood). Okay, Now the 8th of September I went to my apartment to drop off our daughter. Come to find out there was another girl in our bed. I screamed and yelled telling her to get out of my house but she just laid there in my bed, under my covers, smiling at me. I was disgusted. I smacked my husband and he pushed me out of the bedroom door where I then left the house. I was friends with this girls sister, so I had messaged her sister on facebook that day asking her what her sisters problem was and telling her to watch out because I obviously would have liked to slap her in the face also. We talked back and forth throughout the day, basically talking crap about her sister and even the sister (who was supposedly my friend) told me to 1) go get checked for std's and 2) beat her up. Which honestly I never planned on doing in the first place I was obviously hurt and distraught that the man I'm married to, have a child with, and have been with for 5 years was sleeping with another girl in our house. Things calmed down and I asked my friend for her sisters number a few times to talk to her and get an explanation and never received a response. So 10 days have passed, & last night theres a cop at my door serving me with papers from the girl that was caught in my house, filing a restraining order for stalking! There was not one time besides that morning she was caught that I saw or talked to her directly. But now I'm served with papers? & she lied in the report saying I was trying to break down the bedroom door when I didnt, & saying I tried attacking her with my daughter in my arms, when i was only standing in the door way yelling at her to get out of my house before my husband grabbed me and pushed me out. The last thing I can afford is a Lawyer how can I get this taken care of?
How to Oppose a Restraining Order for Stalking
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09-19-2013, 12:34 PMdrc23How to Oppose a Restraining Order for Stalking
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09-19-2013, 12:52 PMDogmatiqueRe: How Do I Fight This Restraining Order
You completely and utterly over-reacted. Yes, I do believe she has a valid reason for obtaining a restraining order.
If you want to fight it, you'll have to turn up in court. And then you'll have to explain why you basically threatened her and insisted on basically defaming her.
Your argument is with your lousy husband, not his latest conquest.
Good luck.
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And seriously - you had no right to tell her to get out. It's not just YOUR house. -
09-19-2013, 01:02 PMdrc23Re: How Do I Fight This Restraining Order
The officer said that I had every right to tell her to get out. The place is in my name too & everything I own is still in the house. Jewelry, clothes, everything. Who's to know if my things were stolen by her, you know?
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09-19-2013, 01:05 PMDogmatiqueRe: How Do I Fight This Restraining OrderQuote:
Quoting drc23
Legally, as long as she was there with your husband's permission, both he and she can completely ignore your "request". He's allowed to bring home 3 hookers a night if he wants. It's HIS business, not yours.
If you're worried about your stuff getting stolen, remove it all. -
09-19-2013, 01:15 PMdrc23Re: How Do I Fight This Restraining Order
Easier said than done. Point is, I haven't stalked her. Nor can I afford to get a lawyer or have this on my record. I'm over it and have moved on. My husband and I are trying to move on and get along for our daughters sake and want this chick out of our lives completely. The cop that served my papers, was laughing at how ridiculous this was. I live in an area where things like this are petty, and nonsense. All I need to know, is how to get it dismissed. I obviously know I shouldn't have freaked out, & have more important things to worry about than her. Her family even threatened mine and my daughters life but apparently that's okay because he's an ex-cop. Obviously if I was going to pursue something, which I wasn't, it would have happened.
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09-19-2013, 01:38 PMDogmatiqueRe: How Do I Fight This Restraining OrderQuote:
Quoting drc23
Frankly y'all need to grow the heck up.
All you can do is tell the truth and hope the judge buys your story.
But in my opinion, you don't actually have much of a defense. -
09-19-2013, 01:49 PMCourtClerkRe: How Do I Fight This Restraining Order
Let's not forget the part where she messaged this girl's sister, told her all about it and then repeatedly tried to get her contact information from her. I can't see how a judge wouldn't see that as stalking.
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09-19-2013, 02:04 PMdrc23Re: How Do I Fight This Restraining Order
Messaged my friend. & asked for her number to see if she was still messing around with my husband (which i stated in the message to her sister) because he was trying to get back with me and i wanted to let her know incase he was lying to her too. i know how my husband is. in the end i was trying to look out for this girl and my well-being
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09-19-2013, 02:32 PMDogmatiqueRe: How Do I Fight This Restraining OrderQuote:
Quoting drc23
Oh no you weren't. You weren't trying to look out for this girl. You were looking to hurt her.
Come on now. -
09-19-2013, 02:40 PMCourtClerkRe: How Do I Fight This Restraining OrderYou go tell that story to some 20 something girl who hasn't been around a block or two. The rest of us grown ups know you wanted her to know that you're still there and she'd better leave your husband alone.Quote:
Quoting drc23
And you didn't message your friend once, you said(you have to remember the lies you tell). A few times isn't once. You abused your husband, you stalked this girl and you harassed your friend.Quote:
I asked my friend for her sisters number a few times
I would expect ALL of this to bite you in the behind SERIOUSLY in a custody hearing. ESPECIALLY if your child was anywhere near you when you hit your husband. You do know that people with a history of domestic violence don't get custody of their kids and often have to start with supervised visitation, right?
Where was your child during all of this, anyway? Was there any truth to the statement that your child was there? Were you holding your daughter when you were screaming at her (and thus screaming directly in your child's ear)?