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If I the "respondent" accepted the protective order against

 
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Customer Question

If I the "respondent" accepted the protective order against dating violence against me on the basis that my attorney told me that if I did not that the "petitioner" threatened to charge seperate criminal negligence charges against me for damage I did to his vehicle if I fought the restraining order. I was advised by attorney that it was a good idea to accept this bribe and not give my side and accept order of restraint. I did this and now found out this was not true and the release for criminal intent was signed the week prior and my family came up with this to push the restraining order through. Is this legal or ethical?

 

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State/Country relating to Question: Florida

Submitted: 412 days and 20 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Expert:  BizAttorney replied 412 days and 20 hours ago.


BizAttorney :

Good evening! I can help you out with your legal question tonight. It depends on if the lawyer knew about it and whether the release for criminal intent would not have been filed without you accepting the protective order.

BizAttorney :

Just because it was signed, does not mean it was completely executed. There are many documents that are signed but not filed until an agreement is made or a plea accepted.

BizAttorney :

So the lawyer is likely protected so long as the Petitioner did not file criminal charges. A judge understands the deals and agreements and would side with the lawyer.

Customer : Apparently the petitioner was only referring to his car being fixed as a reason to sign the release. He just wanted to be sure his car was fixed(& it was) my family made up the part about him requiring me to not defend the restraining order petition. They lied to me to make sure we were apart. I let myself accept the order and now have this on my record and was lied to.
BizAttorney :

If your family lied to you, then the lawyer will be off the hook. Unless you can show that your lawyer misrepresented the facts to you, then you won't be able to go after the lawyer. If you can show some concrete evidence that the lawyer deliberately misled you, then you could bring suit and collect against the lawyer's malpractice insurance.

Customer : There were plenty of incidents I could have shared with the judge showing petitioner was the perpetrator and respondent "the victim" I never got a chance to share these because I was given scewed info.
BizAttorney :

I understand what you are saying. It will be more on the misinformation that the attorney shared if you move forward. I would suggest talking with another lawyer about appealing the order, but you'd have to do it quickly.

BizAttorney :

Don't go to your last lawyer, but choose another one.

Customer : Yes, the attorney is the one who first lied to me. I found out today because my family slipped up and gave the real truth away. The attorney is a friend of my ex-husband and supposed to be of me too.
Customer : Petitioner is not ex-husband
BizAttorney :

Yes, I would suggest going to another attorney to appeal the order.

Customer : The way to find out for sure is to ask petitioner, but of course I am unable to contact him now. Oy!!!! What can I do?
BizAttorney :

You can have someone else talk to the petitioner and let you know. The person just can't say that you sent them to talk to him/her.

Customer : Yes, the attorney knew this. I'm sure of it.
BizAttorney :

If you are sure, then appeal and file a malpractice claim.

BizAttorney :

Did you have any other questions? If not, please accept so that I can continue to help others.

BizAttorney :

Have a good night.

 
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