Temp Civil Restraining Order

[Andy Myers]

Jurisdiction

Florida

Defendant received Temp DV Civil Restraining Order issued with court date. Police never arrested anyone for DV (im assuming no probable cause) multiple calls. Plaintiff kept photos of injuries from who knows what as DV evidence back in July and plans to use them at the restraining order hearing near future. Plaintiff has exclusive rights to the home until hearing.

Question: If an agreement, win, or loss for defendant at the temp restraining order hearing happens can the plaintiff go to the DA and file criminal charges against the defendant. No charges have been filed and no arrests. Is the defendant still at risk of criminal prosecution (excluding violation of the temp restraining order) by statute of limitations or similar.

 

[army judge]

Question: If an agreement, win, or loss for defendant at the temp restraining order hearing happens can the plaintiff go to the DA and file criminal charges against the defendant.

This FL attorney offers some great information for those facing DV issues:

Naples & Ft. Myers Domestic Violence Battery Attorney

People can do amazing things, some of those seem impossible.

I have no idea what someone unknown to me is capable of achieving.

I learned as a young soldier one life long abiding truth that kept me alive and uninjured for FOUR years in Nam.

Assume everything is deadly and capable of KILLING you, and be cautious in all that you do.

I suggest you apply my little maxim to the instant matter before you, and all other things that appear before you as long as you walk this beautiful planet.

Is the defendant still at risk of criminal prosecution (excluding violation of the temp restraining order) by statute of limitations or similar.

All of us could be arrested 24/7/365, for most of us that might amount to an illegal arrest, nevertheless, it would be an arrest.

I suggest you view the following videos, just in case you are arrested, you'll know that you should keep your piehole closed:

 

[zddoodah]

If an agreement, win, or loss for defendant at the temp restraining order hearing happens can the plaintiff go to the DA and file criminal charges against the defendant.

The first part of this question makes little grammatical sense. As for the part of the sentence starting with the word "can," the answer is no. Criminal charges are filed by the prosecutor (in FL, I believe they're referred to a state's attorneys, not district attorneys). The alleged victim does not file charges.

Is the defendant still at risk of criminal prosecution (excluding violation of the temp restraining order) by statute of limitations or similar.

I have no idea what "risk of criminal prosecution . . . by statute of limitations or similar" might means. However, the prosecutor can initiate a criminal prosecution at any time before the applicable statute of limitations expires.

 

[Andy Myers]

Maybe if I rephrase: There has been no arrests in the matter and the plaintiff filed for a temporary DV restraining order (granted) and the hearing date is in the near future (to be determined). Can the defendant be arrested after the hearing? Example can the plaintiffs attorney file charges with the DA or through some other means with allegations and pictures? Can a prosecutor step in after the hearing or can the hearing be referred to a prosecutor?

Can the defendant be criminally prosecuted, jailed (excluding violating the restraining order and not breaking any additional laws ) or once the hearing is over it's over and everyone moves on with their lives in peace. Sorry for being unclear. Thank you

Thank you for the replies.

 

[army judge]

Can the defendant be arrested after the hearing?

The defendant could be arrested BEFORE the hearing, during the hearing, AFTER the hearing, as I stated before; we all are subject to being arrested 24/7/365.

can the plaintiffs attorney file charges with the DA or through some other means with allegations and pictures?

Can implies does one have the ability to do something, as I said before, people can accomplish what seems impossible to others.

Can the defendant be criminally prosecuted, jailed (excluding violating the restraining order and not breaking any additional laws ) or once the hearing is over

Yes, and not just for something involving the restraining order.

once the hearing is over it's over and everyone moves on with their lives in peace.

Possibly, but one ever knows what the future holds.

 

[zddoodah]

Can the defendant be arrested after the hearing?

Can it happen? Of course.

Example can the plaintiffs attorney file charges with the DA or through some other means with allegations and pictures?

Once again, neither the alleged victim nor his/her attorney can file criminal charges. The state's attorney would be the one to file charges. If you're asking whether the alleged victim or his/her attorney can contact the state's attorney and request or urge that he/she file charges, the answer is, of course, yes.

Can a prosecutor step in after the hearing or can the hearing be referred to a prosecutor?

I have no idea what it might mean for a hearing to be referred to a prosecutor. Why is it that you think a hearing on a restraining order might have any relevance to the possible filing of charges?

Can the defendant be criminally prosecuted, jailed (excluding violating the restraining order and not breaking any additional laws ) or once the hearing is over it's over and everyone moves on with their lives in peace.

As I said previously, the prosecutor can initiate a criminal prosecution at any time before the applicable statute of limitations expires. What may or may not happen in connection with a restraining order action has no relevance to possible criminal prosecution.

 

[Andy Myers]

I have no idea what it might mean for a hearing to be referred to a prosecutor. Why is it that you think a hearing on a restraining order might have any relevance to the possible filing of charges?
[/QUOTE]

I believe Plaintiff is trying to keep a very large sum of expensive belongings of the defendant. The Plaintiff has done this in the past and succeeded. Criminal for defendant. Civil matter for plaintiff. Defendant goes to jail = plaintiff keeps very expensive defendant items.

Plaintiff = says "bring all your belongings here" + Temp order defendant ejected from home + criminal charges = Plaintiff beats the system keeps all belongings.

 

[justblue]

I have no idea what it might mean for a hearing to be referred to a prosecutor. Why is it that you think a hearing on a restraining order might have any relevance to the possible filing of charges?

I believe Plaintiff is trying to keep a very large sum of expensive belongings of the defendant. The Plaintiff has done this in the past and succeeded. Criminal for defendant. Civil matter for plaintiff. Defendant goes to jail = plaintiff keeps very expensive defendant items.

Plaintiff = says "bring all your belongings here" + Temp order defendant ejected from home + criminal charges = Plaintiff beats the system keeps all belongings.[/QUOTE]
Are you the defendant? If not...who are you in tis situation?

 

[Andy Myers]

Reply to justblue - An acquaintance on the defendants side. The naive defendant decided to date a go go dancer turns out the plaintiff is a known hustler and this is not the first time using this method. Everyone told the defendant don't move in with the plaintiff but the defendant did not listen. Horrible lesson to learn especially for an older person.

Sorry I do not know how to use the quote option properly.