General- Criminal Law False Restraining Order

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virtuous_woman

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I was just served a Restraining Order that was placed by my Ex Husband. The events and how they took place was totally false. I've allowed him to spend the night on occassion, since he lives in Deltona and occassionaly he has a job to finish in orlando. He does not currently live at this residence. The sheriff Dept says well because he gets mail here and has belongings here, they cannot ask him to leave. His child support is 699 per month. I have allowed him to use the portion of child support to be applied to the mortgage each month, which is my half and the other 700. is his half for the balance of 1400. a month mortgage payment. However, in the final divorce decree, the martial residence was rewarded to me. How can he place a restraining order against me and where I reside. If he is in such fear of his life, he does not have to come here. He lives in a different city with his girlfriend in Deltona, Fla. Can I legally fill out a change of address for him? The Sheriff Dept is saying I now have to evict him. Harbor House which is a advocate for domestic violence in orlando, says to change my locks, but if I do that won't that be an illegal eviction and lock out if law enforcement has determined that he lives here. Please tell me what I need to do before this hearing to protect myself from being arrested based on another lie he might tell. It is my belief this was his plan the entire time, from the time he moved/stored some of his furniture into the garage. Pls tell me what I need to do to protect myself until this hearing takes place. Because right now I don't have any protection and my future is based totally on what he says. Truly I will be vindicated at the hearing...But what if he lies, calls the police and I have no witnesses around...Thanks Virtuous Woman
 
No eviction required if he isn't living there. It's your home and you are living in it. Change the locks if you like. If he shows up just call the police and tell them there is a restraining order. It doesn't matter that he got the order against you- just be prepared to show that the house is yours and the court has ordered the two of you to stay apart. He will be told to leave.
Be sure to show up to court to answer to the restraining order and make sure that a permanent order is not put in place against you.
 
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