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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33554
Experience:  Began practicing law in 1992
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A Man is driving and stops and backs up while facing the

Customer Question

A Man is driving and stops and backs up while facing the vehicle toward me and accelerates
at me leaving skid marks on the pavement stopping about 10 ft. away from me, clearly a scare tactic, there are two witnesses. Police were called. The Case # ***** you help put a civil suit against the Driver
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

As the click throughs explain, the experts here don't represent people who are customers of the website as it is against the rules.

I can answer most questions for you, provide information, and point you in the right direction but I can't represent you.

Would you like for me to ask the moderators to issue you a refund or are there questions with which I could assist?

Customer: replied 1 year ago.
Do you have any one who will represent me? If so please send me their Info?
Expert:  Dwayne B. replied 1 year ago.

No, no one here is allowed to represent customers. I can provide you with the information on a website that will provide you a list of lawyers and I can help you figure out how to narrow the list down, would that be sufficient?

I can also provide links to some books that can help you if you decide to file the lawsuit yourself.

Were you injured?

Customer: replied 1 year ago.
Not injured , feel threatened all the time and the man is forcing me to stay out of the public and confined to my Condominium
Customer: replied 1 year ago.
It is like he is denying me and my wife freedom to move around our gated community
Expert:  Dwayne B. replied 1 year ago.

I understand. You actually need an injunction and yes, you will need a lawyer for that. You wil lwant to go to and in the section for Area of Practice enter Family Law and then after you get that list enter Civil Litigation and get another list then compare the two to find a lawyer that is on both.

Family lawyers do more injunctions than any other type of lawyer and by using those two area of practice you should be able to find a lawyer that is reasonably priced and can do the injunction for you. In addition, you can likely recover your attorney's fees as well.

Another option is to go to the DAs office and ask them if they can get a protective order entered. That won't cost you anything but usually they only do these in family violence situations but it certainly doesn't hurt to ask.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 1 year ago.
Thank You
Expert:  Dwayne B. replied 1 year ago.

You're very welcome.

Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.