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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86343
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My mother and I got in a fight back in 2008 with ended with

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My mother and I got in a fight back in 2008 with ended with her getting a Permanent Domestic Violence Injunction. She has violated many times, whereas I felt so harassed I moved over 2 hours away. I tried last year to get it dismissed yet again and I was denied. - Now, my boyfriend and I are taking our 1 year relationship to the next level....moving in. He's a doctor with his proper permits to own weapons. He has guns. I am attempting to have this dropped again anyways, but is there something I should know that might swing things in my favor? Is it even violating the Injunction for me to move in. All the guns are locked up with number combo locks so I have NO access to them. I don't even want a gun and trust me when I say I'm not to aggressor in this whole debacle. I would really like this whole thing to go away....she's simply an angry mother who got mad at a daughter. Should I possibly just get a change a venue. The court is in a very small biased town. I have had people tell me that if this case where in any other court it would have been dismissed by her continually violating it herself (She was actually caught by the police following me - on foot- her in her car) I have multiple of police reports and can't get anyone to do ANYTHING! Please Help!
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. There may be a slight delay between your follow ups and my replies as I reply.

I am very sorry for your situation.

Is it even violating the Injunction for me to move in.

Generally speaking, no, it is not. Unless the permanent domestic violence injunction specifically states that you cannot be in the same household as guns (unlikely), the default law under Fla. Stat. § 741.30 et seq does not prohibit you from moving in with someone.

Should I possibly just get a change a venue. The court is in a very small biased town. I have had people tell me that if this case where in any other court it would have been dismissed by her continually violating it herself (She was actually caught by the police following me - on foot- her in her car) I have multiple of police reports and can't get anyone to do ANYTHING! Please Help!

You can certainty try. Florida allows you to attempt to change the venue via Motion to Change Venue. According to F.S. 47.101, said motion would be granted if you can show that you cannot get a fair trial:

(a) Because the adverse party has an undue influence over the minds of the inhabitants of the county; (OR)
(b) Because movant is so odious to the inhabitants of the county that he or she could not receive a fair trial.

This is up to the Court to decide, but if it is denied, you may appeal the Motion to Change Venue motion to the interlocutory court, which may overrule the trial court and grant it.

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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86343
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 13 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your response. Of course the Pro Sae approach is always hard. Last year when I tried to get it dismissed yet again I was job hunting and didn't want it to show up on my record. I know it's a civil matter but I've heard of it showing up on a credit report. They may or may not be the case....but it worried me. I brought it up in court and the judge told me he would dismiss it if I bought something from a potential employer. Now HOW COULD I DO THAT!? - Excuse me, I may or may not have an issue on my background check, could you write me a letter that states if I have a clean record you will hire me?....so that I can have a clean record. - Needless to say that didn't seem like such a good way to get a job to me. Which is why I suggested a change of venue. Plus with all her violations she goes in there and cries a little bit and it's still intact. Is there any other laws or statues that I should be aware of to help me?

Expert:  Ely replied 1 year ago.
I know it's a civil matter but I've heard of it showing up on a credit report.

It should not affect your credit score unless it is a judgment for money.

Is there any other laws or statues that I should be aware of to help me?

Hmm, nothing specific that I can think, really.

could you write me a letter that states if I have a clean record you will hire me?

I do not understand what you mean by this?

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