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

Category: Domestic Violence

Case #06-CM-026335; Judge Nick Nazaretian; Date: December 22, 2006

FACTS: The client had an injunction for protection against domestic violence with minor children entered against him on August 8, 2006. The petitioner had a child with our client, and was very intent on gaining custody. Apparently, even after the injunction was filed the petitioner continued to contact our client indirectly through some of his friends. Strangely enough the victim ended up claiming the defendant (client) had contacted her through someone elses "my space" account.
According to the victim she responded to a friend of our client's by sending her a message on her "my space" profile. At some point she went back to this person's profile and saw a message she believed was addressed to her from our client. The victim called the police and our client was charged with contacting the victim and violating the injunction. The defendant felt his x-girlfriend was simply using this criminal charge to convince the family court judge to award her custody of their child.
The Courts are often used by people for the wrong reasons. Many petitioners will get an injunction against their boyfriend or wife, and use it as a tool to achieve some goal in front of the family court judge who is presiding over a divorce or custody dispute. Unfortunately, both men and woman are equally guilty in this regard. No one seems to realize that the children are the only ones that suffer when the Courts are abused in this manner.

DEFENSE: There was no proof that the defendant had intentionally contacted the victim. The victim apparently found this message on someone elses "my space" account, not her own. Discussions with the State Attorney brought about a quick resolution to this case.

RESULT: The charge of violating the Domestic Violence Injunction was dismissed.