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These forms are available at the clerk of court's office or online. If the petitioner has repeatedly violated an injunction, the violation charge becomes a felony. Many defendants make the mistake of representing themselves in a domestic violence injunction hearing. A restraining order can provide protection for victims of cyber-stalking by ordering the stalking to cease and preventing the stalker from having any further contact with the victim. The aggressor might have threatened you. Economic abuse is when someone tries to control your money or make it hard for you to get or keep a job. Likewise, the Court will be concerned about the possibility that your continued violation of the injunction could lead to the commission of a violent crime. It will show up on your permanent record, anytime a prospective employer or landlord runs a background check. Emotional dating violence is when someone says mean things to you or calls you names. Even if the petitioner wishes to drop the restraining order, you cannot have contact or communicate with her or him until the court modifies your restraining order. Witnesses: your defense can also include people that can testify about the facts presented in the injunction. The FRO will order the respondent to stay away from you, your home, your workplace, and your children's schools. The court may give a temporary protective order that lasts up to 15 days based on the allegations of the petitioner. In Florida, a restraining order violation is a serious offense for the defendant.
However, certain circumstances could lead to additional charges or more serious criminal charges. If you have had a restraining order filed against you in court, it is critical that you do not violate the protective injunction orders. In some situations, we can make the prosecutor aware of important facts that cast you in a positive light or draw attention to special circumstances. The best source is the court order itself. On the other hand, domestic violence orders typically involve a spouse, romantic partner, close family member, or child. — Different Ways We May be Able to Help —. It is a violation of s. 790. If you are being accused of violating a restraining order, call a criminal defense attorney immediately. They may influence custody disputes or could be grounds for a final protective order. In some cases, a restraining order may also require the stalker to surrender any firearms or other weapons in their possession. Overview of Violations of Protective Orders in Broward County. Read the injunction carefully, as the length of time can vary widely from case to case. Moreover, if an injunction has been already filed against you, you need to obey the terms established by the court. At Thomas & Paulk, P. A., our lawyers have successfully represented thousands of clients in the face of criminal charges of all kinds, from first-time DUIs to serious sex crimes and violent crimes.
There are countless reasons for someone to have a restraining order in place, whether it be in civil or criminal court. If you want the order to last longer than 15 days, you must go to court and ask for a permanent restraining order. At Mike G Law, our team will go over the facts of your case and develop a strong defense that is designed for your best interests. The contact that violated the injunction was not intentional-. If it's a temporary injunction, the most it will last is up to 15 days. Even if you are upset about the restraining order, you cannot threaten the petitioner to have it dropped. As a courtesy, the Judge may address these issues at the hearing. Contact an experienced Jacksonville Criminal Attorney today for a free consultation. You will not also be allowed to contact the person by phone, email, social media, or mail.
The injunction will take effect the moment you are formally given a copy of the court order. How Are Restraining Orders Violated? Violation of a Domestic Violence Protective Order. If you show up at their residence, workplace, or another location where they are present, it is a violation. Some common injunctions found in Florida are: - Domestic Violence Injunction. Contacting the alleged victim in any way, by phone, email, text, etc. Semi Truck Accidents. Not casual relationships: there must be affection or expectation. Are usually first-degree misdemeanors, punishable by up to one year in jail.
Adequate use of these defenses can lead to your case being dismissed or you being found not guilty. Once the petition is filed, a judge will review it and decide whether or not to issue a restraining order. Call us today at (813) 280-1244 for a case review and let us discuss your legal options. The will stay in effect for a certain number of days, but no longer than 15 days consecutively. Most people commonly refer to this type of court order as a "restraining order, " Florida law uses the term "injunction" exclusively. During the injunction hearing, the judge might ask if the respondent agrees to the restraining order requested by the petitioner. The injunction will remain in place for whatever time frame the judge has ordered. Our mission statement says it all. Florida Law on Restraining Order Violations. Damaging or destroying property belonging to the petitioner. Domestic violence injunctions are typically put in place when there has been a history of physical or sexual abuse between two people who have a close relationship, such as spouses, former spouses, parents, children, or persons who are currently dating or have dated in the past. The violation of the injunction occurred due to a coincidence, chance meeting, or was otherwise of a minimal nature. We could provide a free case review to help you understand what a protective order says, potential violations, and methods to protect yourself.
The injunction has since been dissolved or otherwise dismissed. The parties do not fall under a description of a domestic violence injunction. Meltzer & Bell defends clients facing domestic violence charges in Coconut Creek, Coral Springs, Davie, Deerfield Beach, Fort Lauderdale, Hallandale Beach, Hollywood, Margate, and many surrounding areas of South Florida. A restraining order is a court order that is designed to protect a person from being harassed, threatened, or harmed by another individual. The other party in the case does not want to see you prosecuted or, at a minimum, does not want to see you sentenced to time in the Pinellas County jail. He gets to the point!!!
At our top-rated Tampa, FL-based defense firm, we understand the importance of understanding our clients' situations so we can better represent them. There may be a way to have the restraining order modified to allow limited, peaceful contact. Depending on the specifics of the injunction, it may be a criminal act to: - Go to the petitioner's residence, school, place of employment, or any specified place frequented regularly by the petitioner and any named family or household member; - Commit an act of repeat violence, sexual violence, or dating violence against the petitioner; - Telephone, contact, or otherwise communicate with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact; or.
Remember: the essence of the offense is that there is a violation of a court order. Even if the other person initiates contact with you after you have been served with the injunction, this contact on their part does not void the binding effect of the original injunction. Consider these Possible Solutions. Firearm or weapon possession, if prohibited. Generally speaking, the nature of the relationship that the people had prior to the issuance of the injunction will dictate the appropriate injunction that will ultimately be issued by the court. We highly recommend to anyone looking for an awesome attorney to go with Mike G Law!!! 4)(a) A person who willfully violates an injunction for protection against domestic violence issued pursuant to s. 30, or a foreign protection order accorded full faith and credit pursuant to s. 315, by: 1.
There are two types of protective orders in Florida: domestic violence and repeat violence. The ultimate goal of your attorney will be to have their Florida Motion to Dissolve Injunction for Protection Against Violence granted by the judge, which will ultimately dismiss the petition. When the respondent violates an injunction, that means they have not followed the orders placed by the civil court judge; they have made contact in some manner with the petitioner or threatened them/physically hurt them. In Florida, there are two types of restraining orders that can be put in place: domestic violence injunctions and non-domestic violence injunctions.
A final injunction is a more formalized court order that prohibits you from the same actions as the temporary injunction did. Others may listen to someone who talks them into getting the order even though they don't need to because of their partner or spouse. There are many factors that could cause a court to believe that an protective injunction is no longer necessary or warranted. Generally, a first violation will be charged as a Misdemeanor in the First Degree.