Full question:
i got denied a restraining order in sarasota, florida because the person i wanted the restraining order did not have two physical contacts with me. what does physical contact mean? To be physically hurt or to be physically in my presence.Since I was denied the restraining order because of the above,i was attacked in my house and was hit on the head with a crowbar. Had 34 stitches in my scalp. the person was sentenced to one year and a day in prison for aggravation with a deadly weapon. he was looking at up too 15 years in prison,but the prosecutor accepted a one year and a day plea bargain which was unbelievable. The defendant will be out of prison on November 15 of this year. I went to the circuit court today in Sarasota to get e restraining order for when he gets out of prison. the clerk told me it would be useless to get a restraining order because it would be denied for the same reason the judgedenie the first one. The clerk told me I would have to have another physical conformation with him to get the restraining order.What should I do?
- Category: Restraining Order
- Date:
- State: Florida
Answer:
Unfortunately, you apparently do have to have two incidents of either stalking or violence within the past six months.
This website has good details:
Quote:
"If the relationship between the abuser and victim does not qualify as domestic, it may be covered through a Restraining Order for Repeat Violence. To qualify, there must have been at least two violent or stalking incidents committed against the petitioner by the respondent within six months of filing. These restraining orders are issued to stop threatening or harmful behavior against the petitioner."
http://www.mahalo.com/how-to-get-a-restraining-order-in-florida
You need to be able to defend yourself from violent attacks. Two ways of doing this would be to make your dwelling secure with window and door bars and bolt locks, and also securing a weapon with which to defend yourself if you are attacked with deadly force. It is your responsibility to comply with all laws regarding this weapon, and remember to keep it hidden from and out of the reach of children.
You might also consider moving across town, having an unlisted phone number, and taking other measures so as not to be easily found by your attacker.
You need to document instances of stalking, if the perpetrator comes to your house, etc. Lock the door and call the police to report a stalking trespasser. Two such instances will qualify for the restraining order.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.