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A man from Lakeland Florida was served with a temporary injunction against domestic violence without minor children after his wife alleged that he verbally and emotionally abused her, including an incident in which he alleged loaded a gun in front of her while telling her to leave the house in Bartow, Polk County.
The woman then moved to Tampa, Hillsborough County. She immediately filed for the restraining order in Hillsborough County, even though all of the alleged incidents of domestic violence occurred in Polk County, FL. The court has wide discretion in a restraining order hearing in any jurisdiction convenient to the alleged victim. Although the court did not dismiss the case on jurisdictional grounds, the court did dismiss the case for lack of evidence.
On cross examination, we were able to show that the police had investigated the incident and did not find probable cause to make an arrest for any crime. We were also able to demonstrate the wife's financial and other motives to make the allegations. After a Domestic Violence Injunction hearing on January 13, 2009 in Hillsborough County, Judge Paul T. Jeske, Circuit Court Judge, ruled that there was insufficient evidence to issue a permanent injunction under Florida Statutes Section 741.30 or 784.046.
Information Upon Request Zone
If you have questions about any Tampa Restraining Order, or Order for Protection from Domestic Violence in Hillsborough County, FL, contact an attorney at the Sammis Law Firm to discuss your case. Call 813-250-0500 to speak directly with a domestic violence attorney.