Legal Question in Criminal Law in Florida

I have a restraining order against my ex boyfriend because of a domestic violence situation in the past. A few weeks ago he called me at 11:30 at night, he called 5 times. I filed a police report and told them I wanted to press charges. The complaint went to the State Attorney and they have told me now that his niece went and gave a statement to the sheriff's office that it was not him that called me, that she is the one who called me. Since she gave the statement to an officer stating that she called me repeatedly and I kept hanging up, she said she was upset with me because I sent her uncle to prison. Can I file harassment charges against her for harassing phone calls? Do to these phone calls I lost sleep and my nerves were a wreck, I kept expecting him to show up on my door step, my 9 year old daughter is scared to death that he is going to try to come back and hurt us and I am dealing with that as well. Just as we were both starting to try to heal and get over this whole thing, now they start trying to play games and I want to know what to do about it???? The State has dropped the violation of injunction charge on him because it is my word against them. I have my phone records with the calls on it from the phone company.


Asked on 8/29/09, 9:22 am

1 Answer from Attorneys
Don Waggoner Don Waggoner Law, P.A.

Five phone calls from his niece does not constitute harrassment. If it continues in the future, maybe. If you don't answer the phone, you cannot assume the person calling is the person who owns the phone. I am not intending to back him up, just stating facts. Good luck with all this.

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Answered on 8/29/09, 10:56 am


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