BOYNTON BEACH, Fla. -- The 34-year-old woman who Boynton Beach police said was assaulted, doused with gasoline and set on fire by a man, filed for a restraining order against her attacker days before the incident -- only to be denied.
Neighbors of the listed address of the couple, which was obtained through police records, indicate they never saw any interactions between Roosevelt Mondesir and the 34-year-old victim that would cause concern.
"They were like a nice couple," said Kimberly Perez, a neighbor.
Court documents obtained by WPTV NewsChannel 5 filed at the Palm Beach County courthouse paint a much different picture, detailing incidents between the couple alluding to a troubled past.
In the petition for injunction for protection against domestic violence, the 34-year-old victim wrote:
"Roosevelt cut up furniture in the house, threw all my personal belongings around the house, pictures available. Threatening to hurt me and put me out of our house. Police have been called to the house on many times. On March 26, he hit me and I hit him back and was arrested."
The restraining order was filed on May 29 at 12:56 p.m. and was denied by a judge on the same day about an hour after it was filed.
The reason was listed in the court document as, "Petitioner has failed to allege facts sufficient to support the entry of an injunction for protection against domestic, repeat, dating, or sexual violence."
"These domestic violence cases are often very volatile and certainly what happened in this case is a judge's worst nightmare," said Michelle Suskauer, WPTV NewsChannel 5 legal analyst and local criminal defense attorney.
Suskauer said it is not uncommon for a judge to take an hour to look at granting a restraining order.
"He has made continuous threats to harm her and really has outlined what he wants to do to her. Which is harm her and hurt her and he carried out his threat," said Suskauer.
Suskauer said a judge has to decide based solely on the document if there is an imminent threat of future or present violence. She said even if the restraining order had been granted, Mondesir would have still been out on the street.
Mondesir is expected to make his first court appearance Tuesday,