Legal Question in Family Law in Florida
restraining order
My friend was arrested yesterday in violation of a restraining order but it was a request from her husband to call his ex wife in an emergency situation, she called a third party and left her name and asked the ex wife to please call her childrens father because it was an emergency, the ex wife filed charges against my friend and she was arrested what can she do or what should she do?
1 Answer from Attorneys
Re: restraining order
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The fact pattern you suggest seems highly unlikely. If it is correct, your friend should go to court and explain the nature of the emergency and why the restraining order "had" to be violated. If it was a legitimate emergency, then I would have to believe that the court would take that into consideration and possibly dismiss the charge.
Scott R. Jay, Esq.