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Editor: Will Hanlon & Charlie Lambert
Profession: Tampa Defense Attorneys

Category: Criminal Law

CASE # H-27-DR-2006-309; JUDGE: Stephen O. Rushing (Hernando County) Date: October 23, 2006

FACTS: Our Client had been in ongoing dispute with a nearby neighbor. The client became so threatened by his neighbor that he filed a petition for an injunction to prevent his neighbor from coming within 300 feet of him or his family. The judge granted his petition, but also granted the neighbor a similar injunction against our client. The client had not hired a lawyer before filing the petition for the injunction, or the injunction hearing. This led to other problems at his hearing and other problems with his neighbor that were not properly handled. It is extremely important to retain a lawyer as soon as you anticipate the possibility of going to court for any reason!
After our client got his injunction both parties began to call the police over supposed violations of their injunctions. The first injunction led the client to request the Court to grant other injunctions against other neighbors. The neighbor, who had a background in law enforcement, gradually began to win over the police and the state attorney with regards to the actions of our client. The State Attorney became convinced that our client was the aggressor, and filed an aggravated stalking charge against him. The client didn't contact our office until after the aggravated stalking charge was filed!. Eventually the client requested a hearing to determine whether his neighbor should be found in contempt of court for violating the court's order on August 11, 2006.
Our office prosecuted the neighbor for violating the injunction and asked the Court to find him in contempt of court. During our investigation we located an independent witness that was willing to come forward and testify that the opposing neighbor and his wife got out of their vehicle and threatened our client.

RESULT: The Court agreed with us that the neighbor was guilty of violating the injunction and found him in contempt of court. This case is another terrific example of waiting too long to hire a lawyer. Although we won the hearing and it should convince the State Attorney to take a second look at the actions of the neighbor, most of our client's problems could have been avoided had he contacted us earlier. A domestic violence injunction is a serious matter and violating an injunction is even more serious. Don't wait until the situation escalates out of control before you hire an attorney.