Q: How to obtain a ” Bench Warrant ” for a Violation of a restraining Order, since the assistant state attorney refuses to press charges? The violation is a contact through online website , publicly violating a no contact order not once, but several attempts.
Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/how-to-obtain-a—bench-warrant—for-a-violation–1542891.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
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Nick Jay Dorsten
Criminal Defense Attorney – Clearwater, FL
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Criminal Defense Attorney – Jacksonville, FL
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Criminal Defense Attorney – Deltona, FL
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Secondly, a violation of a restraining order should be reported to the police. They should follow up with either an arrest or a report which will then be filed with the state attorneys office.
Third you, presumably a civilian (who apparently thinks but does not know the logistics of what s/he is talking about) should not be pressing this matter, rather you should have an experienced lawyer doing this for you, albeit at your direction and in your interests.
Florida provides both a constitutional and a statutory provision for victim’s rights. As a victim you are entitled to certain “rights” and, while you cannot “direct” the state or the court to take action as you see fit, a trained and skilled lawyer may be able to use the constitutional and statutory protections which are afforded to you to meet your objective. (It is also possible that, after becoming intimately associated with the facts and circumstances of your situation, an experienced lawyer will tell you what you have already been told by the state, but again, that is just speculation.)
My advise: If you are afraid call the police and generate a police report. Make sure to document the contact and to have proof of the Restraining Order / injunction handy. Then consider hiring a 305 area criminal defense attorney to assist you. I have successfully served in this capacity on many occasions and know that if the facts and circumstances justify it then you have a right to seek justice.
I hope this has been helpful and wish you the best of luck!
