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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 ,… Scroll down to read more!

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.

A:  

Michael Adam Haber

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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10 lawyers agreed with this answer

Nick Jay Dorsten
Nick Jay Dorsten
Criminal Defense Attorney – Clearwater, FL
Brenda A Drake
Brenda A Drake
Criminal Defense Attorney – Jacksonville, FL
Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
Shon Joseph Douctre
Shon Joseph Douctre
Criminal Defense Attorney – Orlando, FL
Dennis Hernandez
Dennis Hernandez
Criminal Defense Attorney – Tampa, FL
Paul T Zeniewicz
Paul T Zeniewicz
Insurance Law Lawyer – Orlando, FL
Martin W. Judnich
Martin W. Judnich
Criminal Defense Attorney – Missoula, MT
Alexander Joseph Segal
Alexander Joseph Segal
Immigration Attorney – New York, NY
William David Umansky
William David Umansky
Criminal Defense Attorney – Orlando, FL
Christine B. Adams
Christine B. Adams
Chapter 7 Bankruptcy Attorney – Gurnee, IL

” 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;”>10

Lawyers agree

1

Answered First off, bench warrants are issue by judges not state attorneys.

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!

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Since 1991 Michael A. Haber, P.A. has an unblemished record of providing boutique criminal defense litigation services to many folks who have been accused of criminality. 

Michael A. Haber, Esq. has effectively represented clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 

Michael A. Haber, Esq. is prepared to speak with you about your case!  At Michael A. Haber, P.A. “its all about reasonable doubt”!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.
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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

    DrNetta Shaked Avatar DrNetta Shaked
    July 26, 2017
  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

    Leo Gonzalez Avatar Leo Gonzalez
    April 10, 2017
  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

    Chiko Sarri Avatar Chiko Sarri
    April 11, 2016

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