Tampa Criminal Attorney

 

Tampa criminal court case results

attorney william hanlon

mother’s sexual battery accusation dismissed»

unfounded sexual violence injunction
facts: As is often the case the injunction court was abused by a former spouse out to destroy a father's relationship with his daughter. We represented the father/respondent who was accused by the mother/petitioner of "Putting his penis in his daughter's mouth on more than one occasion as a form of punishment". This represents the classic scenario of the vindictive spouse bent on ruining their former spouse's life. In this situation it was his former wife who became extremely jealous of our client's new wife. As a form of retaliation she contrived a story and filed a petition for an injunction against sexual violence on behalf of their 6 year old daughter. We contacted The Hillsborough County Sheriff's Office who investigated the case. We discussed the case with the detective that eventually took the child's statement at the child advocacy center. During the interview the child exhibited some very unusual behavior. Ultimately, the information was brought the State Attorney's office in Tampa where it was "no filed" (dismissed).
This action never stopped the former wife/petitioner from pursuing the sexual violence injunction in domestic relations court against our client. This type of an injunction could have done as much damage to the father's relationship with his daughter as the criminal charges. Legal research revealed the petitioner/mother's allegations lacked the necessary evidence to pursue an injunction of this nature. As a parent it is vital to realize that you have very powerful defenses if you get served with an injunction to prevent sexual violence (when filed on behalf of the parent).
defense: The petitioning parent who moves the court for an injunction against sexual violence on behalf of their child must have very powerful evidence to overcome a motion to dismiss the injunction.
results: the criminal charges were dismissed, and the petition for the injunction was also dismissed. Visitation between the father and daughter resumed.
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