In the Florida court case of Alejandro Santiago versus Kelly Towle, Ms. Towle obtained a restraining order against Mr. Santiago for protection against repeat violence. However, Mr. Santiago appealed and got the restraining order removed for the following reasons:
1. Towle’s first claim was that Santiago threw a liquid on her. However, the liquid was apparently harmless because it didn’t injure her.
2. Towle’s second claim was that Santiago pulled up next to her in her car, made an obscene gesture, and shouted obscenities at her. However, even if Towle’s accusation were true, Santiago did nothing to place her in immediate danger.
3. Towle’s third claim was that a neighbor had told her that Santiago had stated to the neighbor that he had a gun and that he was not afraid to use it. But Santiago did not specifically threaten Towle nor did he actually point a gun at her.
Therefore, Ms. Towle failed to prove even one incident of violence, and because she was required to prove two such incidents before getting arestraining order against Mr. Santiago, the restraining order was lifted.
If you have a restraining order case in Palm Beach, West Palm Beach, St. Lucie County, Martin County, Palm Beach County, Broward County, or Miami-Dade County, call me, attorney Ron Chapman, at 561-832-4348 to discuss your case and see what I may be able to do to help you.