Video – Attorney Regina Tsombanakis Discusses The Value Of Restraining Orders In Domestic Violence Cases

Ray Hrdlicka – Host – Attorneys.Media

“Well, we’ve been talking about domestic violence cases where there may not be a prior history, but let’s talk about where there might be. And somebody uses a restraining order. Do you recommend restraining orders? And realistically, from a criminal defense point of view, how does it affect the case?”

Regina Tsombanakis– Criminal Defense Attorney – Broward County, FL

“Well, restraining orders are given in Florida for acts of violence. A single act…repeated violence or stalking, which can have no violence.”

Ray Hrdlicka – Host – Attorneys.Media

“Oh, I see.”

Regina Tsombanakis– Criminal Defense Attorney – Broward County, FL

“Stalking is the crime where the person invades your life space, whether it’s online, following you at work, calling you, unsolicited attention, to the point where the other person can’t, maybe live a normal life. Like it’s beyond, and most… doesn’t happen to most people.

Most people can get the hint. You know. But it doesn’t just happen between a girl and boy, or a couple of whatever persuasion. I’ve had cases where some guy saw this woman in a Starbucks and just became infatuated. You know, and it’s like, you don’t even know this guy. I have no reason. I don’t know why he’s doing this, but here he is, he’s at these different places, and it doesn’t involve violence.

So, what that does to get the restraining order, is it protects you. If they come back again, then they can be arrested for a crime of violation of that order. Now, will it stop them from coming to see you? The person’s determined…no. They’re going to be, still have to be on your guard. Do not think that just because you’ve got that restraining order, they will obey it. And let’s say, if the person stalking continues to stalk, they can now be arrested for stalking. In violation of that order. If it’s domestic violence, they can be arrested for that violation.

And it just adds to the charges, and it adds to the ability of potential jail time, or the other penalties that they can impose, which is pretty stringent. They want them to go through a Batterers’ course, which is sometimes 18 to 25 weeks. It’s a long course.”