Jacksonville Criminal Defense Attorney Blog
In a bizarre case, a Jacksonville woman believes she is the victim of mail harassment after receiving more than 150 pounds of mail since January, unsolicited, First Coast News reports.
It’s a strange case for sure, yet police have told her they can’t arrest anyone because she faced no financial repercussions from the senders’ actions. In other forms of harassment, though, a Jacksonville restraining order can be a big pain for those who are considered the “defendants” in these cases.If you are facing a restraining order or injunction, defending against these actions are required in order to life a peaceful life. These pieces of paper are typically based on one person’s word and their compelling argument to a judge, so hiring an experienced Jacksonville Restraining Order Lawyer to fight these allegations is necessary. The case a person makes against another person, who is typically not represented when the presentation is made, can be weak, but without being able to defend themselves, a defendant can be in a tough spot.
But an experienced attorney can petition the court for a hearing to defend themselves and get the order or injunction removed after presenting the other side of the case to a fair and impartial judge. Sometimes it just takes a little work to get these situations straightened out.
The woman says she has received mail just about every day since January, which includes more than 70 magazine subscriptions, tourist information, catalogs and other pamphlets. She says she never signed up for or requested any of the mail.
She said she spent hours canceling subscriptions and requesting subscription cards the magazines say she ordered. The bill has totaled $1,000. She says the ones she has gotten back reveal handwriting that is similar, yet includes incorrect information about her e-mail address and the e-mail server.
She believes her neighbor is at fault and she sought and received an injunction against him. A sheriff’s investigation revealed a recording the man man to a hair restoration company, allegedly ordering materials in her name.
Yet, as the article points out, she can’t prove the man is responsible for the mailings and he can’t be cited as violating an injunction without any proof. The man denied being responsible for having the mail sent in his neighbor’s name to her house.
This, like most cases where injunctions or restraining orders are sought, is a classic he said/she said battle. And these situations typically come down to one person’s word against another person’s without much proof other than a person’s opinion.
Sadly, judges, when confronted with a set of facts from one person’s perspective, often will issue an order favoring that person, even without any defense. But in Florida, a defendant can request a re-hearing after an order is filed to defend against the allegations.
That’s when the real facts come out and the judge is made aware of the other side’s perspective. A temporary order can be quashed once a Jacksonville Injunction Defense Attorney comes into the picture.
If you need a criminal defense attorney in Jacksonville or the surrounding area, call Mussallem and Associate, PA at 904-365-5200 for a free consultation.
Additional Resources:
Mail Harassment Victim has 150 Pounds of Unsolicited Mail, by Mike Lyons, First Coast News