Fort Pierce, FL asked in Criminal Law for Florida

Q: Should I file an injunction against my ex?

I am a victim of domestic violence and in January 2019 I filed and received a 1 year injunction. In January of 2020 I then received a 1 year Do Not Contact because my ex violated his pre-trial release by contacting me. The Do Not Contact order ended in January of 2021. Since the domestic battery charge against myself my ex has been arrested 2 times for domestic battery (against his father and girlfriend), but the charges were dropped so nothing happened. But, he was just recently arrested again for “Domestic Battery by Strangulation” and the person is pressing charges. I haven’t had any contact with him in the past two years because of the injunction and do not contact order, which was keeping me safe. Now that he has this new charge am I able to file for another injunction for my safety? I was told since he hasn’t done anything to me that I couldn’t, but I am very scared because I have nothing to keep him away from me now. Any advice would be greatly appreciated.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: If he were to attack and kill you, whether or not the injunction were still in place, you will still be just as dead. Such injunctions or protective orders are designed to protect you in the event you have a reasonable fear of violence. If he hasn't contacted or come near you in the past couple of years, it probably would not have any utility to seek another order now. It is unreasonable to be scared, and is mere irrational paranoia, unless you can point to specific facts which would suggest that he, more than anyone else, might commit a criminal attack against you.

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