Question concerning a "Restraining order"

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Arnold_Friend

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state: Florida

First off i would like to say thank you in advance for lending me your time and consideration. Please forgive some of the nature of my questions for i am a layman to the law.

My question revolves around restraining orders. Can you please post some links on the nature of restraining orders, how do you file one, what happens when you get one filed against you, what are the grounds of filing one? What are the limitatons to the order- ie contact, proximaty, telephone, internet?

The second aspect of this question involves the parents of a friend of mine constantly threatening to file a restraining order against me because of a case of mistaken identity several years ago. There is no abuse involved- its simply that they dont like me and they think i get him into trouble when i do the opposite. Ever since then they hate me, there son is also not mentally retarded but is quite possibly mildly autistic. I didnt mention yet he is 33 years old.

The third question i have is if a restraining order is filed against someone that was on probation- could that in any way jeopardise a violation?

The last question is; as i mentioned earlier my friend is a good guy but has poor judgment in chosing his other friends- sso his parents constantly try to usher his life the best they see possible(which i obviously understand and am in support of). If his parents were to file a restraining order against me-and i naturally were forced to abide by it- what do i do if he (which he would because he likes me and we speak daily) attempts to contact ME or run into me in public?

Thank you very much for your time and for not passing judgment- i wouldnt expect anything short of professional advice. I can amagine an easy answer to this question is "get new friends" but if you want to see this as an oppertunity to flex your legal knowlege as well as to broaden my understanding- i would be extremely appreciative. The most important answer i need above all is the 3rd question.
 
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http://www.womenslaw.org/FL/FL_how_to.htm

God I'm glad I live in Montana where all these forms are required to be online.

Anyway, link should help you out with question #1

Question #2-Sure, they can file one, doesn't mean diddly. Look at that link I post. Gernerally, there has to be an immediate threat of bodily harm. When one is filed, the judge will grant (in general) a Temp. Order for 30 days, then a hearing will be had to see if it is perm. or to drop it.

Question #3-Possable. If it were filed on the criminal side. This sounds like they want to file one on the civil side. Although I think it would be a stretch to mess with probabation, I don't think they will. The problem arises, IF the restraining order failed (the court found no good reason for it) AND you had problems with probation because of a false accusation, you would have a tort action against the person(s) filing the false claim. Probation is usually set up so you don't violate CRIMINAL law, I don't think they even mention CIVIL cases. Ask the PO if nothing else.

I honestly don't think a Judge is going to get gung-ho and start slapping restraining orders on people who are "suspected of being a bad influence".

It sounds more like extortion to me. Some states it's a crime to threaten someone with legal action, you may want to look into it.
 
thank you very much, you have been extremely helpful. I have posted the same question on 2 other law forums with dozens of views but not a single post. YOU are most insightful.
 
thank you very much, you have been extremely helpful. I have posted the same question on 2 other law forums with dozens of views but not a single post. YOU are most insightful.

Now thats what I'm talking about, that one word is, and has always been RESPECT! Arnold, check your pm, I sent you icecream. Enjoy.

I don't f-around, I find the law, and provide it, and until you have a COURT ORDER in your hand, you are right.
 
Now thats what I'm talking about, that one word is, and has always been RESPECT! Arnold, check your pm, I sent you icecream. Enjoy.

I don't f-around, I find the law, and provide it, and until you have a COURT ORDER in your hand, you are right.
 
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