23 year old Alissa Blanton was gunned down and killed at her new job in Orlando by 61 year old Roger Troy before turning the gun on himself. Blanton had met Troy while she was a waitress at a Hooter’s restaurant in Brevard County. About a week before she died, Blanton filed a Petition for Injunction of Protection Against Repeat Violence in Brevard County. In her petition, Blanton stated that Troy had been stalking her for two years. Her petition contained over 70 pages of harassing emails Troy had sent her. Nonetheless, Brevard County Circuit Judge Dan Moxley refused to issue a Temporary Order of Protection. Instead he stated he did not have enough information based on her petition and set it for a hearing at a later date. In an interview with the Orlando Sentinel, Judge Moxley stated he couldn’t determine if Troy’s actions met the legal definition of stalking based on Blanton’s petition, so he set the matter for a hearing at a later date.

Seminole County Judge Mark Herr has suggested that the different forms used for the various types of injunctions for protection may have kept Blanton from asking for what she really wanted. At issue is a box located on the Petition for Injunction Against Domestic Violence form that asks for an immediate, emergency injunction that is later followed up by a hearing. The Petition for Injunction of Protection Against Repeat Violence does not have that box on its form. Judge Herr suggests that since her Petition did not specifically ask for an immediate injunction than Judge Moxley may have not known that she was seeking an immediate injunction. “Some old judges will tell you, if you don’t ask for it, you can’t get it.” Judge Herr stated he would like to see the forms changed, but that isn’t up to him, it is up to the Florida Supreme Court.

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Andrew G. Storie is a family law and divorce attorney who serves Orlando and all of Central Florida. For more information please visit