Many times an ex-boyfriend or girlfriend is jealous because their ex has moved on. Due to a number of possible factors such as jealousy, revenge, or not wanting their ex to be happy, the former significant other will focus their energies on the new girlfriend or boyfriend. Many times they do this by seeking an Injunction against the new girlfriend.
The ex may make allegations of violence, threats, harassment, or stalking. Recently, I defended such a case. The ex was unhappy she got dumped. Rather than move one, she attempted to get an injunction against my client. The ex alleged that my client had made harassing phone calls and sent threatening text messages.
Of course, the petitioner seeking the injunction for harassment and stalking conveniently was unable to obtain the phone records or text messages. However, my client was smart enough to retain an experienced injunction lawyer that knows how to obtain phone records and text messages. It is important that you retain an experienced lawyer who knows the law and how to obtain the records needed to win your case. Being an aggressive attorney, I issued a subpoena to the phone company and obtained copies of all the phone records. By thoroughly going through the records for the past 6 months, I was able to prove that my client was not harassing anyone. In fact, the ex called my client so much that my client filed an Injunction for harassment for her own protection!
In the end the Injunction was dismissed. This was a great win and very important for my client. If someone gets an injunction against you, you could face jail time if that person tells the police you violate the injunction by having contact with them. What prevents someone who dislikes you so much that they got an injunction against you, from calling the police and making a false allegation that you are driving by their house in violation of the order of protection? The police would then come out, arrest you, and you would be held in the Polk County Jail with no bond until you saw the judge at your “first appearance hearing.”
If you have been served with a Petition for Injunction and temporary injunction has been placed against you, you need to speak to an experienced attorney immediately before you go to court. You need to insure that evidence for your defense is preserved. You need to start gathering the evidence so that you will have in time for your injunction hearing. It takes time to subpoena records or witnesses for the hearing so call now for a free consultation.
Call all and speak to Thomas C. Grajek, an experienced Polk County criminal defense and injunction attorney today.
Office - Lakeland, Florida
Case Number 2012-DR-0046xx-0000-00 Petition for Injunction dismissed October, 2012