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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
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Experience:  Experienced Criminal Trial Attorney since 1998.
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is sending an email that asks are you still happy enough for

Customer Question

is sending an email that asks are you still happy enough for a no contact order?one email?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Legal-Guru replied 2 years ago.
If that is the only unwanted contact, I would not expect a judge to enter an order based just upon that. If the emergency order is approved, you will be served with a copy of it and her petition which should list her allegations to see what all she claims.
Customer: replied 2 years ago.
this is the first contact in 3 months and before that it was 10 months she did ask me to leave her alone 3 months ago and 10 months ago we were talking back and forth on emails nothing violent whatsoever i wrote one email asking her if she was happy ..and get an email saying she has filed a no contact order and i have to go to court..i dont understand how that is enough .is it ?no emails were threaening or mean and the fact that it asksa question will a judge grant one
Expert:  Legal-Guru replied 2 years ago.
(1) She may be bluffing in an attempt to get you to leave her alone. I suspect there is a greater than 50% chance this is the case.

(2) Even if she did file for one does not mean it will be granted. Ultimately, it is up to a judge whether to grant such an order or not, but they are typically not granted under the circumstances you described.
Customer: replied 2 years ago.

i thought they were filed to protect against violence or where violence could occur which nothing would suggest that in the emails..which were mostly questions..i know they could be filed for harrassment but 2 emails 3 months apart does not present a pattern of harrassment to me thoughts??

 

 

what is the criteria need to have one granted

Customer: replied 2 years ago.
will i have to be served or do they send something in the mail?
Customer: replied 2 years ago.
Relist: Incomplete answer.
No response on follow up questions??
Expert:  Legal-Guru replied 2 years ago.
Sorry, was away from the computer for a few hours.

In order to qualify for a protective order in Florida the person must show they are a victim of domestic violence or are reasonably in fear of becoming a victim of domestic violence. Domestic violence is defined as "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member."

I do not think the activity you described rises to this level including the stalking provision.

If such an emergency ex parte order is entered, you will be actually served most likely by deputy sheriff.

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