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Ely
Ely, Counselor at Law
Category: Legal
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I need some information about a restraining order. My brother

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I need some information about a restraining order. My brother was insanily mad about me talking to his ex-girlfriend. well, as i was talking to her, i didn't realize he was tecting or calling me durning that time. He ended up leaving 7 vile text messages on my cell all back to back. Then, i saw there was a voice mailso i listened to it. Again he was saying horriable things. but the major one, the one that scared the crap outta me was the last sentence. " Can't wait to see you, i'd like to throw you through a plate glass window right now." Although he doesn't have a "police record" (that i am aware of), he has a bad temper. All of his girlfriends & past ones have all said the same. Also about a year ago, again he was mad about something, couldn't get a hold of me & came over to my house. Luckily my husband was home at the time. I went outside, as i was not going to let him in my house (plus i have 2 dogs). In retrospect, i wish i had, since my husband could have kept him in line. Basically, he said a bunch of horriable verbal things and then proceeded to spit in my face. Totally discusting. Like a huge luggie. He stormed off because i screamed and my husband started to come out. I wanted to file a police report, but my husband talked me out of it. Now with this threat, and knowing how he holds a grudge, i don't know what to do. Can you give me some advice? Please. Linda
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. This matter may have two steps to be taken - either/both of which may be exercised.

CRIMINAL
What he stated may be deemed a criminal threat. A criminal threat is a threat made by one person to physically harm them or someone else. This may be criminally actionable (the prosecutor decides). Even if it is not, the police may at the very least talk to him, which in itself may scare him enough into backing away and serve as an informal warning. If he is charged, a restraining order will normally also be automatically issued by the criminal court.

CIVIL
Even if one does not wish to file a criminal complaint, one can still get a RESTRAINING ORDER in Florida. This is formally known as an Injunction for Protection Against Domestic Violence. It is used against a threatening family member.

The Court will grant a restraining order if it feels that you are n immediate danger of becoming a victim of domestic violence (domestic here means household or family).

The Court will make this decision based on the following:

The history between you and the respondent, including threats, harassment, stalking, and physical abuse;
If the respondent has attempted to harm you or family members or individuals closely associated with you;
If the respondent has threatened to conceal, kidnap, or harm your child;
If the respondent has intentionally injured or killed a family pet;
If the respondent has used, or has threatened to use, any weapons such as guns or knives against you;
If the respondent has physically restrained you from leaving the home or calling law enforcement;
If the respondent has a criminal history involving violence or the threat of violence;
If there was a prior order of protection issued against the respondent;
If the respondent has destroyed personal property of yours (e.g., telephone, clothing, or other items belonging to you);
Whether the respondent has behaved in any other way that leads you to reasonably believe that you are in immediate danger of becoming a victim of domestic violence.

Fla. Stat. § 741.30(6)(b)

That voice mail coupled with his history will surely have the Court agree. At the Court's decision, the restraining order may last up to a year, longer, or indefinitely. An "immediate" order may be received at time of filing as well, even before he is served.

An attorney is recommended. May I recommend the FL Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

First, thank you for your insight. I just re-read my "Question" and saw the ton of typos...Sorry about that. I was trying to get all the info out & didn't spell check. i'm glad you could figure it out.


I didn't click onto the Florida bar referral Program yet, as I wasn't sure if in doing so it would cut us off. But do you buy any chance know what an attorney might charge for this type of thing? A ball-park number would be ok, i won't hold you to it. Just curious what it may run me.


 


Also, I feel like i should do something, the only thing that came to mind was a restraining order. Is there another thing or something other than that i could do? Or is the restraining order the best bet? I say this because as i mentioned my brother has an aweful temper. I feel if i don't do something, he will keep on blowing up at people. Plus he did get physical with me before ( if spitting in my face counts) & now with the threat. If you could hear his voice when he mentioned throwing me through plate glass...well it was damn scary.


I guess my question really also is, do you think going this route is a good idea? I have never been in this situation before & am curious what an outsider thinks.

Expert:  Ely replied 1 year ago.
Friend,

Thank you for your follow up.

I just re-read my "Question" and saw the ton of typos...Sorry about that. I was trying to get all the info out & didn't spell check. i'm glad you could figure it out.

No worries.

I didn't click onto the Florida bar referral Program yet, as I wasn't sure if in doing so it would cut us off. But do you buy any chance know what an attorney might charge for this type of thing? A ball-park number would be ok, i won't hold you to it. Just curious what it may run me.

It should open in another browser window, but just in case, save this link to this thread:

http://www.justanswer.com/law/7qiez-need-information-restraining-order-brother.html

For a restraining order, ballpark is about $450. This is relatively straight-forward, so, it should not be too expensive (although $450 is nothing to sneeze at, of course).

Also, I feel like i should do something, the only thing that came to mind was a restraining order. Is there another thing or something other than that i could do? Or is the restraining order the best bet? I say this because as i mentioned my brother has an aweful temper. I feel if i don't do something, he will keep on blowing up at people. Plus he did get physical with me before ( if spitting in my face counts) & now with the threat. If you could hear his voice when he mentioned throwing me through plate glass...well it was damn scary.

Well a restraining order is a SHEET OF PAPER. It simply affords you the opportunity to call the police if he draws near and they may arrest him, if he does not follow the order. If you have genuine fear - NOW - calling the police is the best bet. Again, having the police involved should have him back off in fear of criminal charge, whether or not he is charged down the line.

I guess my question really also is, do you think going this route is a good idea? I have never been in this situation before & am curious what an outsider thinks.

AT MINIMUM, a restraining order is a good idea, yes.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88710
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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