Assault & Battery Injunction against dom violence for pics??

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pbfla32908

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I am in the middle of a custody battle with my ex-wife. She found some nude/semi-nude pics of herself on Myspace. An old account of mine. She says she took the pics herself. She brought them up at a family court date. I denied posting them. My house is used like a frat house and some other friends or people probably thought it'd be a cute prank. She had already called the county sherrifs office. Judge ordered to wait until the end of the invesigation. Next court date-- ex had memo from state attorney stating that the sherriffs office investigated the matter and concluded that the pics were uploaded from my house. But because there was no statute fitting "squarely" around what was done, the state could not pusue prosecution. Judge still ordered me to undergo psych eval. I did the eval. My ex petitioned for an "injunction against domestic violence with minor children(after notice)". Different judge. Same evidence. Judge granted the petition and ordered the injunction against me. Is this legal? i began an appeal to the 5th district. Is there any case law on my side to get it thrown out?
 
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