Fort Lauderdale, FL asked in Criminal Law and Domestic Violence for Florida

Q: I used pepper spray on someone in self defense. That person turned around and is claiming they need a restraining order

After I pepper sprayed them in self defense to get a loved one out of the area they came looking for us and ended up throwing a brick through the car windshield. I called the police filed a report and also have an upcoming case with them for the damage to the car. Now they have turned around and tried to use the pepper spray incident to justify a restraining order for stalking. I also have evidence of them deleting text messages and lying on the police affidavit to make it seem one sided that I have been harassing them. What can I do or say to make sure that I don’t end up getting a restraining order or battery charge put on my records.

2 Lawyer Answers
Michael  Mayoral
Michael Mayoral
  • Coral Gables, FL
  • Licensed in Florida

A: Hire an attorney to represent you at the hearing on the restraining order (injunction) and provide them with all relevant evidence to present to the court. If they petitioned for an injunction, you will likely be served with a temporary injunction that provides a hearing date for the permanent injunction. It is advisable for you to hire an attorney for that hearing.

With regard to the criminal charge, there isn't a lot you can do to "avoid" a criminal charge except cease contact with them and hire a criminal defense attorney to represent you on the potential criminal charge. One attorney should be able to do both for you, the areas of law are somewhat related.

Henry George Ferro
Henry George Ferro
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: You should immediately retain a lawyer, I am certain that you are headed for a full blown hearing and will need competent counsel to represent you.

Michael Mayoral agrees with this answer

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