Legal Question in Criminal Law in Florida

Petition for Injunction for Protection Against Repeat Violence

My daughter, a high school sophomore, has been involved in an on-going feud with another student. Last year a fight (initiatied by my daughter) on school campus resulted in suspension for both girls. The other girl has continued to come by our house, and harrasses our family with telephone calls (hanging up each time) at all hours of the night. According to my daughter, a couple of days ago, the other girl drove by our home with a carload of friends, threw eggs at her, and hit her. Despite pleas from my husband and me, my daughter retaliated by initiating the second fight with the girl, on campus, after a football game. She has again been suspended, and on behalf of (O.B.O) my daughter, my husband (her stepfather) was just served a temporary injunction For Protection Against Repeated Violence, which requires we make a court appearance. Is there anything we can do to make certain the final injunction (if granted) includes a provision to require the other girl also remains at a distance from my daughter (e.g., a counter-petition for injunction)?


Asked on 9/22/99, 1:33 pm

1 Answer from Attorneys
Samuel J. Rabin, Jr. Samuel J. Rabin, Jr., P. A.

Re: Petition for Injunction for Protection Against Repeat Violence

The situation your daughter has encountered with one of her classmates is unfortunately all too common. To add insult to injury, from the description of events that you have related, the other girl appears to be the instigator of the problems. Nevertheless, she won the race to the courthouse, and now is painting herself to be the "victim."

The judge before whom you appear will hopefully be experienced in these matters. S/He will listen to both sides carefully, and in all liklihood, s/he will issue a permanent injunction. At a minimum, you should request that s/he order both parties to "stay away" from each other. This request is essentially a mutual injunction against both parties. You can also request s/he make a finding on the record that the other girl is the aggressor, but s/he will most likely decline to assess blame.

If you have the ability to afford legal representation, it is always best to have a professional advocate represent you in court proceedings of any kind.

Good luck.

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Answered on 9/22/99, 10:25 pm


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