IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

Case No.: 08-DR-012537

Division: H --------------------------STEVEN TODD FLAX

Petitioner,

and

LINDA HART FLAX Respondent.

MOTION FOR EXTENSION OF INJUNCTION FOR PROTECTION AGAI¥ T ( .f) DOMESTIC VIOLENCE ( .f ) REPEAT VIOLENCE ( ) DATING VIOl;ENC1i§

( ) SEXUAL VIOLENCE ~'-. ~'''' ~ •... ~~.; c=

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I, {full legal name} STEVEN TODD FLAX , being sworn, certify 'that The following statements are tru-e-:----------------------------' ""i' .."

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SECTION l. PETITIONER (This section is about you. It must be completed. f.Igwev~ if this is a domestic violence or sexual violence case and you fear that disclosing yo'U;.J -.J

address to the respondent would put you in danger, you should complete and file Petitioner's Request for Confidential Filing of Address, ~O Florida Supreme Court Approved Family Law Form 12.980(h), and write "confidential" in the space provided on this form for your address and telephone number.)

1. Petitioner currently lives at: {street address} _1_0_0_9_S_0_N_A_T_A_L_A_N_E ________ _ {city, state and zip code} APOLLO BEACH, FL 33572 Telephone Number: {area code and number} ...;8...:1..:,3...;-6:....4...:9...;-9...:5...:5..:,5 ____________________ _

2. Petitioner's attorney's name, address and telephone number is: _N_O_N_E ______________ _

(If you do not have an attorney, write "none.")

SECTION II. RESPONDENT (This section is about the person you want to be protected from. It must be completed,)

New information about Respondent, since the current injunction was issued: (If known, write Respondcnt's new address, place of employment, physical description, vehicle, aliases or nicknames, or attorney's name.) RESPONDENT IS ON PROBATION , DOMESTIC VIOLENCE BATIERY CONVICTION CASE NUMBER

08-CM-015920. SHE MAY RESIDE AT 507A FOXGLOVE CIR., SUN CITY CENTER, FL 33573.

Florida Supreme Court Approved Family Law Form 12.980(i), Motion for Ex tension of Injunction for Protection Against Domestic Violence, Repeat Violence, Dating Violence, or Sexual Violence (07/04)

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RESPONDENT MAY HAVE CHANGED NAME TO LINDA MARGO HART. RESPONDENT IS KNOWN

TO HAVE TWO ATIORNEYS: WILLIAM IGI\lATUCK; 3922 N. TAMPA ST.; TAMPA, FL 33603 AND

THOMAS WOODRUFF; 4055 CENTRAL AVE.; ST. PETERSBURG, FL 33713. RESPONDENT IS BELIEVED TO BE UNEMPLOYED. RESPONDENT IS 5'5",195 LBS., BROWN HAIR, AND BLUE EYES.

SECTION III. CASE HISTORY AND REASON FOR SEEKING EXTENSION OF INJUNCTION

1. Describe any attempts since the date of the current injunction by either Petitioner or Respondent to get an injunction for protection in this or any other court (other than the injunction you are asking to extend in this motion). THERE HAVE BEEN NO ATIEMPTS BY EITHER PETITIONER OR RESPONDENT TO GET AN INJUNCTION FOR PROTECTION

SINCE JUDGE THOMAS ISSUED INJUNCTION FOR PROTECTION 8/29/2008.

2. Describe any other court cases (including city, state, and case numbers, if known) since the date of the current injunction between Petitioner and Respondent, including any cases involving the parties' minor child(ren), divorce, juvenile dependency, guardianship, or other civil or criminal cases. DIVORCE 08-DR-009435. STATE OF FL VS . LINDA FLAX 08-CM-015920, 08-CM-018351, 09-CM-008978, 09-CM-009620, AND 007769XEC.

LINDA FLAX VS. STEVEN FLAX 09-CA-011403. ALL ARE IN THE THIRTEENTH JUDICIAL CIR

3. Petitioner requests that the previously entered injunction for protection against domestic violence, repeat violence, dating violence, or sexual violence be extended for the following specific reasons: {State in detail why you wish the injunction to remain in effect.} SINCE INJUNCTION FOR PROTECTION WAS ISSUED 8/29/2008, RESPONDENT

ATIACKED PETITIONER'S 14 YEAR OLD DAUGHTER, SENT TWO THREATENING LETTERS

MADE OVER ONE HUNDRED PHONE CALLS, TRIED TO RUN OVER PETITIONER WITH HER CAR, THREW A PEN AT PETITIONER, ATTEMPTED TO ATTACK PETITIONER DURING

COURT ORDERED MEDIATION, HAS MADE SEVERAL VERBAL THREATS TO PETITIONER INCLUDING ONE IN JUDGE NAZARETIAN'S COURTROOM WHICH WAS VIDEO TAPED. THE RESPONDENT HAS SERIOUS ISSUES WITH ALCOHOLISM, DRUG ABUSE, AND

VIOLENCE. THE PETITIONER FEARS THAT RESPONDENT WILL CONTINUE HER EFFORTS

TO HARASS THE PETITIONER. THE RESPONDENT HAS TWICE ATTEMPTED TO MURDER

PETITIONER WITH GUN AND WITH HER CAR. THE RESPONDENT HAS PHYSICALLY

BATIERED THE PETITIONER NUMEROUS TIMES. THE PETITIONER FEARS RESPONDENT

WILL TRY TO MURDER HIM AND HIS DAUGHTER.

III Check here if you are attaching additional pages to continue these facts.

4. Petitioner genuinely fears the continued threat of violence by Respondent.

SECTION IV. REQUESTED RELIEF

1. Petitioner understands that the Court will hold a hearing on this motion and that he or she

Florida Supreme Court Approved Family Law Form 12.980(i), Motion for Extension of Injunction for Protection Against Domestic Violence, Repeat Violence, Dating Violence, or Sexual Violence (07/04)

must appear at the hearing.

2. Petitioner asks the Court to enter an order in this case that extends the previously entered injunction for a period of ( ) or ( .f ) until modified or dissolved by the court.

I certify that a copy of this document was [..[ one only] ( ) mailed (.f) faxed and mailed ( ) mailed by certified mail, retum receipt requested, ( ) fumished to a law enforcement officer for personal service to the person(s) listed below on (date) 7/14/2009

Other party or his/her attorney: Name: WILLIAM M. IGNATUGK, JR., ESQ.

Address: 3922 N. TAMPA ST.

City, State, Zip: TAMPA, FL 33603 Fax Number:_8_1_3-_2_2_9-_2_19_1 _ _____ _

RESPONDENT HAS BEEN CONVICTED OF DOMESTIC VIOLENCE BATTERY AND IS ON PROBATION FOR ONE YEAR AND MAY BE LOCATED THROUGH HER PROBATION OFFICER.

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this motion and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated: ____ 7_1_14_1_2_00_9 ___ _

STATE OF FLORIDA COUNTY OF HILLSBOROUGH

Swom to or affirmed and signed before me on __ 7_/1_4_1_20_0_9 __ by _________ _

Personally known Produced identification

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or clerk]

Type of identification produced __________ _

Florida Supreme Court Approved Family Law Form 12.980(i), Motion for Extension of Injunction for Protection Against Domestic Violence. Repeat Violence, Dating Violence, or Sexual Violence (07/04)

FLORIDA STATUTE 741.30 ANALYSIS

1. The history between the petitioner and the respondent, including threats,

harassment stalking, and physical abuse.

There is a four-year history of the Respondent verbally threatening and physically

abusing the Petitioner. Numerous photographs of Petitioner's superficial injuries

resulting from Respondent's violent acts are available.

On or about 6/15/2006, Respondent attempted to murder Petitioner with her 38-

caliber revolver. Petitioner treated this attempted murder as a medical problem and

tried to get Respondent the medical and psychological help she needed.

Respondent and Petitioner saw two therapists regarding this gun incident: Dr.

Michael Gonzalez (813) 874-2484 and Marilyn S. Baily, L.M.H.C. (813) 653-

2610. Petitioner has audio recordings of Respondent stating that her "pulling a

gun" on Petitioner was a "mistake." The State Attorney chose not to file charges

against Respondent because of a delay in reporting.

On 07/29/2008, Respondent was arrested for domestic violence battery against

Petitioner, booking #08046282. The State Attorney offered Respondent the

Domestic Violence Diversion Program. Respondent failed the Diversion Program

by getting arrested for DUI on 11/26/2008 Citation Number 007769XEC. Judge

FLORIDA STATUTE 741.30 ANALYSIS 7110/2009 Page 2 of 10

Nazaretian convicted Respondent for Domestic Violence Battery on 5/5/2009

Case #08-CM-0 15920 and sentenced Respondent to one-year probation, one-year

imprisonment with the imprisonment suspended, 52 weeks of domestic violence

classes, and evaluation and treatment for substance abuse.

On 8/31/2008 Respondent was arrested for domestic violence battery against

Petitioner's fourteen year old daughter, booking #08053099. This domestic

violence battery against the fourteen-year-old daughter was witnessed by two

Hillsborough County Deputy Sheriffs, two other adult witnesses, and was

videotaped. The State Attorney offered Respondent the Domestic Violence

Diversion Program. Respondent failed the Diversion Program by getting arrested

for DUI on 11126/2008. State Attorney dropped this charge in exchange for the

Respondent pleading guilty to a separate charge of Domestic Violence Battery.

On two occasions, Respondent began repeatedly to slam a plate glass shower door

with all of her strength while Petitioner was showering naked and merely a few

inches away from the glass shower door that Respondent was trying to shatter. On

the first occasion, Petitioner stepped out of the shower and stopped Respondent

from shattering the glass shower door. On the second occasion, Petitioner did

nothing but stand as far away from the glass door while remaining in the shower.

On that second occasion, the glass door fortunately did not shatter. However, it did

FLORIDA STATUTE 741.30 ANALYSIS 7/1012009 Page 3 of 10

fall off its hinges. To this day, Respondent refuses to admit that slamming a plate

glass shower door while Petitioner is showering naked just a few inches from the

door is a dangerous and violent act.

On 5/24/2008, Respondent jabbed her fingernails into Petitioner's right forearm,

drawing blood, and leaving wounds. Respondent then ran to the closet shouting

she was going to "get the gun."

On 6/1312008 Respondent threw a television remote control at Petitioner.

On 6/14/2008, Respondent punched Petitioner in the stomach.

On 7/29/2008, Respondent repeatedly shoved and smacked Petitioner. An audio

FLORIDA STATUTE 741.30 ANALYSIS 7110/2009 Page 4oflO

recording of this violent event is available. The recording includes several

statement made by the Respondent, "Damn right I am shoving you," and "Damn

right I am hitting you." Respondent was arrested for Domestic Violence Battery

Case Number 08-CM-015920. On 5/5/2009, Respondent pled guilty to this charge

of Domestic Violence Battery in exchange for the State Attorney dropping three

additional misdemeanor charges.

On October 14th, 2008, a disposition hearing was held at 1 :30 p.m. in the case of

"Florida vs. Linda Hart Flax" (08-CM-015920 and 08-CM-018351). Respondent

was present at the hearing. Petitioner attended the hearing and was accompanied

by Teresa Stokes a Victim Advocate from the State Attorney's Office. After the

hearing, Teresa Stokes and Petitioner waited several minutes before leaving the

courtroom to give Respondent and her attorney time to leave the courtroom floor.

When Petitioner arrived on the third floor ofthe Twiggs Street Garage and stepped

off the stairs at approximately 1 :55 p.m., Respondent's black Infiniti G37

automobile came within 4 feet of Petitioner as he was walking from the stairs to

his car. Petitioner clearly saw Respondent driving her car as she drove near him.

Petitioner knows the car well and has driven the car many times. Petitioner

recognized the license plate. Respondent stopped the car about 50 feet away from

Petitioner then after a few minutes proceeded to drive from the area. Petitioner

believes that Respondent recognized his parked car in the garage and was waiting

FLORIDA STATUTE 741.30 ANALYSIS 7/1012009 Page 5 of 10

for him to walk to his car for purposes of intimidation and violence. After driving

her car within 4 feet of Petitioner while he was walking on the 3rd floor of the

parking garage, Respondent drove around the third floor so that she could follow

immediately behind Petitioner as he drove from his 3rd floor parking spot down the

ramps and until the first floor payment booths. Petitioner clearly saw Respondent

driving her car within 5 feet of Petitioner's car and at times much closer than that.

Petitioner feared that ifhe stopped his car, Respondent would rear-end him.

On February 3, 2009 at 9:00 a.m., a mandatory mediation took place in the divorce

proceedings of Steven Flax vs. Linda Flax, Case No 08-DR9435. Respondent

became angry and threw her pen at Petitioner. As Petitioner was leaving the room,

Respondent appeared to chase after Petitioner and required that the mediator Mr.

Davidoff physically restrain her before she could continue attacking Petitioner.

On May 5, 2009 at 1:30 p.m., a hearing was held in Judge Nazaretian's courtroom

CR53A in the George E. Edgecomb Courthouse Annex in the Matter of the State

of Florida vs. Linda Hart Flax (09-CM-009620, 09-CM-008978, 08-CM-018351,

and 08-CM-015920). During that hearing, Respondent "mouthed" (spoke without

sound) the threat to Petitioner, "I am going to get you." When Judge Nazaretian

was notified of the threat, he asked Respondent if she had mouthed a threat to

Petitioner. Respondent told the Judge, "No, Your Honor." When Judge Nazaretian

H-ORIDA STATUTE 741.30 ANALYSIS 7/1012009 Page 6 of 10

pointed out the video camera in the ceiling and told Respondent that he planed to

review the tapes for evidence of the threat and punish Respondent accordingly,

Respondent admitted that she "May have" mouthed the threat. Judge Nazaretian

thanked Respondent for her honesty in admitting making the threat. This

discussion including Respondent's admission and apology were made on the May

5,2009 Court Record.

2. Whether the respondent has attempted to harm the petitioner or family

members or individuals closely associated with the petitioner.

On 8/3112008, Respondent physically attacked Petitioner's l4-year-old daughter

during a Court Ordered Visit to pick up her personal possessions and clothing.

This attack was video taped and was witnessed by two Hillsborough County

Sheriffs Officers and two other adult witnesses. Respondent admitted to attacking

Petitioner's daughter and was arrested. The Domestic Violence Battery Charge

was dropped in exchange for Respondent pleading guilty to another charge.

3. Whether the respondent has threatened to conceal, kidnap, or harm the

petitioner's child or children.

On 7/29/2008, Respondent threatened to brutally murder Petitioner's 14 year old

FLORIDA STATUTE 741.30 ANALYSIS 7/10/2009 Page 70f10

daughter by, "Holding her head under the water," and by "Smashing her head into

the side of the pool. And I can do it like that (snapping her fingers) and with no

remorse." An audio recording of this threat is available.

4. Whether the respondent has intentionally injured or killed a family pet.

The Respondent has NOT intentionally injured or killed the family pet.

5. Whether the respondent has used, or has threatened to use, against the

petitioner any weapons such as guns or knives.

On or about 611512006, the Respondent pointed her loaded 38-caliber revolver at

the Petitioner and shouted that she was going to kill the Petitioner. On 5/24/2008,

Respondent jabbed her fingernails into Petitioner's right forearm, drawing blood,

and leaving wounds. Respondent then ran to the closet shouting she was going to

"get the gun." On numerous other occasions, the Respondent threatened to shoot

the Petitioner or have her father shoot the Petitioner with a gun.

6. Whether the respondent has physically restrained the petitioner from

leaving the home or calling law enforcement.

FLORIDA STATUTE 741.30 ANALYSIS 711012009 Page 8 of 10

The Respondent has NOT restrained the Petitioner.

. 7. Whether the respondent has a criminal history involving violence or the

threat of violence.

The Respondent has been arrested four times by Hillsborough County Sheriffs

because of violence, threats of violence, and violation of Injunction for Protection.

On 5/5/2009, the Respondent was convicted for Domestic Violence Battery

against the Petitioner Case Number 08-CM-015920 and sentenced to one-year

probation and one-year imprisonment with the sentence suspended.

8. The existence of a verifiable order of protection issued previously or from

another jurisdiction.

On 8/29/2008, Judge Thomas issued an Injunction for Protection 08-DR-OI2537

in The Circuit Court Of The Thirteenth Judicial Circuit, In And For Hillsborough

County, Florida preventing the, Respondent from coming within 500 feet of

Petitioner, Petitioner's resident, Petitioner's workplace, Petitioner's daughter's

home, and Petitioner's daughter's school.

9. Whether the respondent has destroyed personal property, including, but

FLORIDA STATUTE 741.30 ANALYSIS 7/10/2009 Page 9 oflO

not limited to, telephones or other communications equipment, c/othing,

or other items belonging to the petitioner.

The Respondent has destroyed the Petitioner's shower door while trying to shatter

the door on the Petitioner's naked body. The Respondent has destroyed remote

controls by throwing them at the Petitioner.

10. Whether the respondent engaged in any other behavior or conduct that

leads the petitioner to have reasonable cause to believe that he or she is in

imminent danger of becoming a victim of domestic violence.

The Respondent is a frequent abuser of alcohol and prescription drugs. When

Respondent is intoxicated, high, or simply angry, she loses the ability to control

herself, becomes violent, and breaks the law. When intoxicated or high,

Respondent frequently has no memory of her criminal acts. Tragically, the

Respondent and her immediate family are in denial about the Respondent's

alcoholism and substance abuse.

Since Judge Thomas issued her Injunction for Protection on 8/29/2008, the

Respondent has phoned the Petitioner more than one hundred times, has sent

threatening letters, has physically attacked the Petitioner's 14 year old daughter,

FLORIDA STATUTE 741.30 ANALYSIS 7/10/2009 Page 10 of 10

has attempted to run over the Petitioner with her car, threw a pen at the Petitioner,

attempted to physically attack the Petitioner, and has made several threats to harm

the Petitioner.

The Petitioner is certain that the Respondent will soon become drunk, high, or

simply angry and come after the Petitioner and his daughter with a gun, a knife, or

a car with the intent to make good on her promises of killing the Petitioner and his

daughter.