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.
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.
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.
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