Legal Question in Civil Litigation in Florida

I live in the State of Florida. On Saturday I called the police re an assault . I was out and a neighbor approached me and tried to kick me. I called the police and relayed to them what was going on. While I was on the phone with the dispatcher , the man who tried to kick me was banging on my door. I told the dispatcher and was advised not to answer the door. The police officer first went to (jose) home and then to mine . When he came to my house he was rude and condescending. I told him what had transpired and he said , "I don't have time for this , this is a civil matter, its your word agaist his. I told him it did indeed happen and he said, Did you fear for your life" I said I didn't fear for my life but I was told by Jose that he would beat the shit out of me. The police officer called it in as assault and told me to seek a restraining order. I went to the police department and got a copy of that report and he claims I said things I did not say and made it sound as though it was a dispute over a dog. The dog was involved at other times but this incident was clearly assault. The officer wrote that he first came to my house and made the claim of things I never said. Then he said he went to Jose's home. The report makes me look like the villian and now I would not even consider bringing to the judge. What is my recourse?


Asked on 10/24/11, 10:40 am

1 Answer from Attorneys
Samuel Mutch Samuel A. Mutch, P.A.

Make an appointment with the police chief and city manager or the sheriff and county manager. You need to have this corrected. Have a well thought-out answer to the lies the officer made about you.

You cannot get a restraining order against the guy until you have been victimized twice, unless you are a relative, live in his household, etc.

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Answered on 10/24/11, 2:49 pm


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