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  1. #1
    Join Date
    Jun 2011

    Default Victim Harassing Subject of a Restraining Order

    My question involves criminal law for the state of: Florida

    About 2 months ago I got into an altercation with my "Friends with Benefits" and I was originally charged with Domestic Battery, False Imprisonment, Criminal Mischief and Burglary. Yes, a real mess... I was released on $19,000 bond. As part of my bond release "THE DEFT SHALL NOT HAVE ANY CONTACT WITH THE ALLEGED VICTIM DIRECTLY OR INDIRECTLY, BY MAIL, TELEPHONE, EMAIL OR THROUGH THIRD PARTIES. (Sorry about caps-cut and paste.)
    About a week ago a woman came into the store where I am employed and was working at the time. She approached me and said she was a friend of the victim. Said she heard I was a nice person and I was drunk, everyone makes mistakes, etc.... Told me she heard through a mutual friend of victim and I that
    I was willing to pay for the damage I did and maybe victim could drop charges. Told her it was not possible because State had filed on charges and I was on out on bond and could have no contact with him in any form and he would have to wait on court.
    Yesterday at work, I was about to walk out the door into parking lot to my car and saw victim standing by my car. Was really upset and called my manager, who told me I could have him given a no trespass warning if he returned to the property. He had left by this time, so I couldn't have him warned because he has to be actually there on property to be issued a warning. I did call police to ask if there was anything I could do and felt I should have a record of him being there with police. Officer I spoke to said not to worry, I was not violating order and said he was not doing anything wrong, Suggested if he came back, I could go to the back of the store and just avoid him. Not really an option for me. I have a job to do and I need to have access to the whole property during my shift at any time.
    Today this woman was in parking lot hanging around again. When I walked out front door to put my phone on car charger, victim was walking across parking lot from her car. Not wanting to over react, I did not want to call police on him, but after 20 minutes, when this woman came in store, I told her and her brother they needed to get him out of the parking lot, because my manager instructed me to call police for a trespass order, but I didn't want to do that. They complied, but did not look happy about it. About an hour and a half later, her car rolls up to the gas pump and victim gets out and starts pumping gas. I approached woman and told her they needed to get victim off property. This woman's boyfriend did tell victim to go out by road, but victim gave me a thumbs up and continued to pump gas before leaving. Her attitude was they were not doing anything wrong and I could not ask them to leave. I called police again. This sheriff did tell me to go to State attorney and try to have injunction against him.
    Another couple hours pass and I was out emptying trash in parking lot and victim rides by on the road out front of my employment and screams an obscenity laced name at me and flips me off... Called police again, because he really stressing and freaking me out. The officer I spoke to this time did imply he was putting recommendation on report that he be cited for harassment if he continued to come to my place of work and said I should go to State attorney and try for injunction or have my bond's no contact order removed by judge in case.
    Any ideas if this constitutes harassment ? Or am I over over reacting? Will his behavior have a positive effect for me in court? I have followed the no contact order, except for telling his friends they needed to have him leave property today. I seriously did not want to do any thing to piss him off, as I really didn't think he would show up for interviews or trial if it gets to that point,which would be to my advantage. My public defender seemed to think based on my version of the events, she might be able to get all other charges dropped if I plead guilty to the Criminal Mischief charge. (State did not file on False Imprisonment charge.) especially if he fails to show for depositions.
    But, I am getting really freaked out by him. It is a small town and I am bound to run into him eventually, but really loitering at my place of employment doesn't seem right to me.
    Any thoughts or answers would be appreciated...


  2. #2
    Join Date
    May 2011

    Default Re: Would This Be Considered Harassment

    You've already contacted local law enforcement and they seem to think that it very well could be harrassment. You need to keep reporting it and keep your distance.

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