Julie Swetnick, Brett Kavanaugh
Julie Swetnick- Kavanaugh Accuser Numero Tres- Restraining Order
Julie Swetnick is the third accuser of Brett Kavanaugh. Swetnick claims she was gang-raped at a high school party where Supreme Court nominee Brett Kavanaugh was present.
Now, let’s be clear since the internet trolls are already spreading rumors. Swetnick claims Kavanaugh was present, not that he was involved in the gang rape. YUGE difference.
For example, Swetnick could have bumped into Kavanaugh in the kitchen, they both went their separate ways and that’s it.
It’s not that complicated, but of course, there’s more and internet trolls are now freaking out about a Restraining Order that was filed against Swetnick.
So, let me get this straight: sexual assault allegations from thirty-five years ago aren’t valid, but a restraining order that was dismissed seventeen years ago is?
The Restraining Order
On March 1st, 2001, Richard Vinneccy filed a petition for a restraining order against Julie Swetnick in Miami-Dade County, Florida where I practiced law for nineteen years.
I am very familiar with Domestic Violence hearings in Miami and have written about this numerous times, even as it relates to Stormy Daniels’ case.
When a Petition for Injunction for Domestic Violence is filed, 99% of the time it’s a rubber stamp and it is granted temporarily. I can count on one hand how many times a Petition was denied initially. I even had one client that was served a Domestic Violence Injunction at his job by another employee and couldn’t even go to work for two weeks. The employee relationship doesn’t even fall within the statute.
After the Petition is filed, within two weeks there is a hearing before the Domestic Violence Judge. The hearings are usually fifteen to thirty minutes in duration.
Vinneccy failed to appear at the hearing, so it was dismissed and unfortunately, that’s very common.
There’s no denying domestic violence is serious, but, it is often mis-used. For one, it is common for those seeking residency to file Restraining Orders because “word on the street” is you can get your residency if you are a victim of domestic violence. That is partially true.
There is a legal process to do so, but that is usually reserved for the most serious of cases such as a criminal felony conviction, not these hearings which are civil in nature and usually gets filed out of spite or based on a text message or phone call, which is not even legally sufficient under Florida Statute, but again, it’s a rubber stamp until you actually appear at the hearing two weeks later.
Restraining Orders are also used to gain temporary custody of the children or even exclusive use and possession of the home. Again, the initial petition is rubber stamped and with a hearing in two weeks, a spouse will have to move out of his/her home, find another place to live, and not even see or contact their children throughout this time. So, let me show you how the game is played.
You haven’t seen your child in two weeks and you are living out of a motel room or a friend’s sofa. This is costing you a pretty penny and at the same time, your attorney is charging you $250 per hour.
I come to you and say we are seeking a permanent injunction at this hearing, which if I win, this will complicate your divorce case and contact with your children, and throughout the divorce and as long the restraining order hasn’t expired, you will not be allowed to step back inside the house. I might even be able to convince the judge to order anger management classes. Act like Brett Kavanaugh did at his hearing and I guarantee it.
Maybe visitation is supervised, either through the court system or a family member that volunteers initially, and after a few times, trust me they object and no longer wish to be involved.
If I win, you will be allowed to gather some personal items at your home in the presence of two police officers. Usually just your clothes because the second you try to take your laptop, the other party says that belongs to the children. You aren’t walking out with furniture either, your fishing rods, large screen television, or your golf clubs. These are all assets subject to equitable distribution and that is left for another day and time in divorce court.
Now, if you win at the hearing, you won’t return to the house because you know how that will go and you still won’t be able to visit your children because the mother simply won’t allow it and there is no court order requiring her to do it, so technically, she hasn’t violated any law. Damn if you do, damn if you don’t.
Sure, you can now run to divorce court and file a Petition for Dissolution of Marriage, but that is a separate case and more fees are required, and if you file this as an emergency, trust me, in Miami Dade County, a visitation hearing and returning to the marital home is not an emergency. Good luck getting a hearing within a month, maybe two. Like one Judge used to say: “I have babies addicted to crack and children with cigarette burns on their arms or being sexually abused. Not seeing your child in a week is not an emergency.”
But, I’ll make a third offer. If you agree to extend the temporary restraining order without prejudice and it will be dismissed 99% of the time in a few months, we can draft an agreement right now that will establish a temporary visitation schedule, child support is calculated, and I’ll let you go by the house and pick up some personal items, and we move quickly on the divorce.
Oh, and by the way, if I am happy with a limited visitation schedule ordered by the court, I’m not rushing to family court to give you more visitation. I’ll leave it to the father to file the dissolution of marriage whenever that might be, because if and when he asks for visitation, I can argue the visitation schedule should remain the same or, maybe the father wasn’t consistent and visitation should be restricted and/or supervised.
If money isn’t an issue, you could care less about this and will litigate each step, but if finances are tough and you can’t afford throwing an unspecified amount of money into a divorce, on the low end $2,500 if agreed to, but if not agreed to, the fees could run easily past $10,000.
Which door do you pick? Trust me, door number three wins nine out of ten times.
Alexander Hernandez, Esq.
Alexander Hernandez has been representing clients since 1999 in the areas of bankruptcy, family law, and personal injury.
Jacksonville, Florida Office -904-602-5418
Miami, Florida Office 305-688-LAWS (5297)