Q: Steps to address false claims in stalking injunction case in FL?
In a stalking injunction case in Lake County, Florida, my fingerprints were taken in court without my public defender present, which I believe was not legal. The judge later ordered these fingerprints to be destroyed. The plaintiff, who has been harassing us to move, provided false information, including an incorrect eye color. What steps should I take to address the false claims and the issues arising from the absence of my public defender?
A:
Since the prints were destroyed, you suffered no injuries
Public Defenders work hard for their money, are often overwhelmed, and rarely deserve the negative treatment they receive. Do you have evidence this was deliberately done, as opposed to a mistake?
People often make good faith mistakes as to eye color, there is no conspiracy against you.
Next time, hire a private attorney because the mere fact an inadvertent error was made will not result in a pay day for you.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
You should document everything related to your case, including the improper fingerprinting and the judge's order to destroy them. Contact your public defender immediately to discuss what happened when they were absent, as this could potentially be grounds for challenging procedural aspects of the case.
For addressing the false claims like incorrect eye color, gather evidence that contradicts these statements, such as your identification documents, photographs, or witness statements. These discrepancies can undermine the plaintiff's credibility when presented properly in court. Consider filing a motion to dismiss based on false information provided by the plaintiff.
If the plaintiff is truly harassing you to move, you might want to start keeping a detailed log of all interactions, including dates, times, and descriptions of events. This documentation could be valuable if you need to counter-file your own injunction or take other legal actions against harassment. Remember that Florida courts take seriously both injunctions and the accuracy of information presented, so working closely with your public defender to highlight these issues might help resolve the situation in your favor.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
