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If I filed a Domestic Violence Complaint but then had it Dropped in Court can I Refile it? ~ Chosen as “Best Answer” by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     I filed an order of protect and I went to court I had it dropped.  Can I file again on the same charges.  My sons girlfriend sucker punched me during an argument we… Scroll down to read more!

January 13, 2016 / Michael A. Haber /
Q:     I filed an order of protect and I went to court I had it dropped.  Can I file again on the same charges.  My sons girlfriend sucker punched me during an argument we were having. First she pushed me and my son had to grab me to keep me from falling. She got behind him and then she sucker punched me in my eye.




A:     Chosen as “Best Answer” by Asker on www.AVVO.com


Locally licensed lawyer

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James F. Feuerstein III
James F. Feuerstein III
Criminal Defense Attorney – Tavares, FL

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Best Answer
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Answered . Is this a domestic violence restraining order that we are talking about?  Because if so then this is a civil and not a criminal matter.

However, if you are talking about having filed a complaint with the cops and then recanting (either with the cops or with the State Attorney) then this is a criminal defense question.

In either event to answer your question of “Can i file again On the same.charges.”…. Yes.

Unless it was dismissed with prejudice (which it likely was not) then you are free to “refile” anything that you wish (either in the form of requesting a new DVRO or filing an new police report), BUT (caps intentional) by doing so you can (and should) expect to be treated like “the boy who cried wolf”… by everyone (cops, Judges, defense lawyers, etc.).

Both your credibility and your motivation will almost certainly be called into question.

Either way I wish you good luck and hope that I’ve been helpful to you.

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.)




​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.


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. 


Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 – 305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ) or on AOL/IM (Sharky910). 


​When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.!


At Michael A. Haber, PA “it’s all about reasonable doubt”!



THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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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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