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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34741
Experience:  16 yrs. of experience including family law.
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A person given an injunction by the spouse with false accusations

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A person given an injunction by the spouse with false accusations just to have the spouse removed from the house, because there is a lover involved. Lover hits one of the couple's child. Restraine order is persued by a family member for the lover. Both cases are heard by the judge the same day and judge grants stay away orders for both the lover to be away from the child and to the husband to be away from the wife. Lover continus to visit house and wife leaves kids alone all day without anything ot eat to be with lover. Kids call father, father goes to the house unaccompanied. Wife gets there, calls cops and accuses father of stalking and assault. Cops arrest the father because of the stay away order. All charges are eventually dismissed because they were proven to be false. Yet, father gets a charge for a violation of stay away order due to domestic violence. This charge is haunting the father to the point that he cannot find a job anywhere. This happened in Florida. What can be done at this point to get rid off this charge? Thank you!
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

The answer to the question

What can be done at this point to get rid off this charge?

Depends on what you mean by "charge"

Is this a case where there is a pending criminal charge (it is not yet gone to trial)?

Or is this a case where the charge has been adjudicated (there has been a trial or proceeding of some sort, or the charge was dismissed?

Customer: replied 4 years ago.

The case has been taken infront of a judge. There were criminal charges associated with the case that were dismissed by prosecution because they proved to be false, but there was a misdemeanor charge for violation of DV injunction for which the spouse did 6 month probation (originally 1 year, but was cut short by the judge). Nevertheless, all dismissed charges still show up in a background check and no one offers him a job because of this.

Thank you

Can you tell me how long ago was this (the original hearing in front of the judge)?

Also, the one DV injunction, that resulted in a misdemeanor conviction, is that correct?
Customer: replied 4 years ago.

This happened in 2009 and Yes, it was a misdemeanor.

Thank you

Just a moment please as I pull the statute...
Customer: replied 4 years ago.

Ok, Thank you.

I am sorry to be the guy to have to bear bad news.

While Florida Law allows for sealing and expungement of criminal records (they are different...sealing hides it from most of the public view where expungement actually erases the record) they have very specific rules that apply.

However, you may not be eligible. Florida will only allow you to seal your record if it is your first and only sealed offense AND it didn't result in a conviction or was an adjudication withheld.

You can see the statute that applies here

Here is the link

What you see is that if you have an arrest that does not result in a conviction AND that you have no prior criminal convictions, then you can get the records from the arrest sealed.

But since you were convicted of a misdemeanor offense? You will not be eligible to have the records from the arrest of the dismissed charges sealed.

The only way around this requirement would be if you could remove that criminal conviction. To do that at this point you would need to obtain a pardon from the governor of the state of florida.

If you can obtain a pardon, then you can apply to the state for sealing the records from the arrest.

Pardons are not easy to obtain, but if you want to pursue, you can start that process with this application

Here is the link

BotXXXXX XXXXXne: that conviction is going to prevent you from sealing the records of arrest.

Again, sorry to have to bear bad news.

Let me know if you have more questions...happy to assist if I can

P. Simmons and 3 other Family Law Specialists are ready to help you