Wednesday, October 22, 2014

Bench Warrant / Restraining Order / Violation of Restraining Order / Repeat Violations / Victim's Rights / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     How to obtain a " Bench Warrant " for a Violation of a restraining Order, since the assistant state attorney refuses to press charges? The violation is a contact through online website , publicly violating a no contact order not once, but several attempts.

Michael Adam Haber


Contributor Level 20


Lawyers agree


Answered First off, bench warrants are issue by judges not state attorneys.

Secondly, a violation of a restraining order should be reported to the police. They should follow up with either an arrest or a report which will then be filed with the state attorneys office.

Third you, presumably a civilian (who apparently thinks but does not know the logistics of what s/he is talking about) should not be pressing this matter, rather you should have an experienced lawyer doing this for you, albeit at your direction and in your interests.

Florida provides both a constitutional and a statutory provision for victim's rights. As a victim you are entitled to certain "rights" and, while you cannot "direct" the state or the court to take action as you see fit, a trained and skilled lawyer may be able to use the constitutional and statutory protections which are afforded to you to meet your objective. (It is also possible that, after becoming intimately associated with the facts and circumstances of your situation, an experienced lawyer will tell you what you have already been told by the state, but again, that is just speculation.)

My advise: If you are afraid call the police and generate a police report. Make sure to document the contact and to have proof of the Restraining Order / injunction handy. Then consider hiring a 305 area criminal defense attorney to assist you. I have successfully served in this capacity on many occasions and know that if the facts and circumstances justify it then you have a right to seek justice.

I hope this has been helpful and wish you the best of luck!
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

Since 1991 Michael A. Haber, P.A. has an unblemished record of providing boutique criminal defense litigation services to many folks who have been accused of criminality. 

Michael A. Haber, Esq. has effectively represented clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 

Michael A. Haber, Esq. is prepared to speak with you about your case!  At Michael A. Haber, P.A. "its all about reasonable doubt"!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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