Legal Question in Civil Litigation in Florida
Grounds for a restraining order
My ex-boyfriend decided to contact me after three years of separation. He contacted me through Facebook & requested to be my friend & I accepted. At the begining we spoke for hours, he was married with children, we were trying to catch up. Our conversations dwindled to the point that I didn't hear from him for about 3 weeks. On Thursday 2/5/09 I sent him a message regarding a song that reminded me of him but it was nothing suggestive because I clearly stated that it wasn't about the lyrics it was about the music. He pulled out as my friend on Facebook, I sent him an email the next day apologizing for any inconvenience. I recieved an email from his wife telling me to no contact him again but if I had anything to say to her then I could. A few emails were exchanged & in the last one she threatened to file a retraining order against me if I sent her an email (this is after we've sent eachother about 5 messages, non-threatening by the way) and after she said that she sent me another email. I sent her one message after that and that was it. I my question is, does she really have a case against me to file an order? I have told you EXACTLY how things happened. It is ovious that I won't make the mistake of accepting his frienship again.
1 Answer from Attorneys
Re: Grounds for a restraining order
So, here's what happened: he got busted by his wife for flirting with you and his wife, probably properly (because you were flirting back), told him never to write you again. He stopped, you didn't. His wife was obviously threatened by you and was asking you to admit the extent of the relationship.
You wrote back some cryptic statement to her which didn't answer her curiosity. In fact, it was probably as cryptic as your post here (i.e. "a few emails were exchanged..."). She wrote back asking for clarification and it somehow got nasty. Now you want to blame the whole thing on him when it's only half his fault. (You saw on Facebook that he was married.)
The answer to your question is that, in order for there to be an injunction against you, you must have made two threats of violence againt her. The threats can be in emails.
I'm not sure why you sent her an email after she said she would be getting an injunction against you, but the easiest thing now is to just let it drop. Print out the emails to prove that you didn't threaten her, then don't communicate with either of them again ever.
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