Wednesday, January 13, 2016

If I filed a Domestic Violence Complaint but then had it Dropped in Court can I Refile it? ~ Chosen as "Best Answer" by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     I filed an order of protect and I went to court I had it dropped.  Can I file again on the same charges.  My sons girlfriend sucker punched me during an argument we were having. First she pushed me and my son had to grab me to keep me from falling. She got behind him and then she sucker punched me in my eye.


A:     Chosen as "Best Answer" by Asker on www.AVVO.com

Licensed in FL



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Answered . Is this a domestic violence restraining order that we are talking about?  Because if so then this is a civil and not a criminal matter.

However, if you are talking about having filed a complaint with the cops and then recanting (either with the cops or with the State Attorney) then this is a criminal defense question.

In either event to answer your question of "Can i file again On the same.charges.".... Yes.

Unless it was dismissed with prejudice (which it likely was not) then you are free to "refile" anything that you wish (either in the form of requesting a new DVRO or filing an new police report), BUT (caps intentional) by doing so you can (and should) expect to be treated like "the boy who cried wolf"... by everyone (cops, Judges, defense lawyers, etc.).

Both your credibility and your motivation will almost certainly be called into question.

Either way I wish you good luck and hope that I've been helpful to you.
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.)



​Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991.  With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires.


Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. 


Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 - 305-798-2220), by e-mail (sharky910@aol.com) on Facebook ( http://www.facebook.com/haberpa ) or on AOL/IM (Sharky910). 


​When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.!


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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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