You can blame Bill Clinton for that little gem. He added the provision that made misdemeanor domestic violence a prohibition for weapons ownership. What amazes me is that the law also applies to civil complaints of domestic violence, such as the one in my case. My case was civil, not criminal, which means that the bar for making such a restriction permanent is much lower, and there is no jury trial.
The law that allows this says:
Even better, under Florida law, the hearing may be held ex parte. As soon as the injunction is made, you must surrender your CWP and all weapons to the police, or be jailed for contempt.
I found this site to be very informative.
Here is what the lawyer that runs the site says:
So, they won't even pursue her for the false claim. I tried.
The law that allows this says:
(a) Any person described in paragraph (e), who is either the victim of domestic violence as defined in s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, has standing in the circuit court to file a sworn petition for an injunction for protection against domestic violence.
Even better, under Florida law, the hearing may be held ex parte. As soon as the injunction is made, you must surrender your CWP and all weapons to the police, or be jailed for contempt.
I found this site to be very informative.
Here is what the lawyer that runs the site says:
The statutes on domestic violence offenses and domestic violence injunctions are painted with a very wide brush. This means that a little knowledge can be very dangerous. A person who falsely claims abuse - files a report or an injunction, sheds a tear before the court - is very likely to get what he/she wants. There is currently no corresponding enhanced punishment for people who file false claims of domestic violence against their husband, wife, boyfriend, girlfriend, or sexual partner and the typical policy at Offices of the State Attorney is to not pursue charges of False Report of a Crime against false victims of domestic violence.
So, they won't even pursue her for the false claim. I tried.