While some people may use the tactic of an order to improve their chances of getting custody or getting more money in a divorce. We're ready to fight on your behalf. For this reason, having the assistance of an experienced St. Petersburg / Clearwater criminal defense attorney is imperative. Being physically near the petitioner: the restraining order prevents you from being within 500 feet of the petitioner. If you have been accused of violating an order of protection or a restraining order, you should contact a knowledgeable defense attorney right away. If you are a victim of cyber-stalking and believe that you are in danger of harm, you should contact your local police department or sheriff's office immediately. Tampa Injunction & Restraining Defense Lawyers. A restraining order is a court order issued to restrict an individual's ability to communicate with or physically be in the other party's presence. Bill Roelke represents men and women facing a protective order hearing for domestic violence in Duval County, St. Johns County, Clay County, and Nassau County, FL. It is important to make all of the mitigating facts and circumstances in your case known to the court.
Usually the orders should not conflict in this manner, but if the case is complicated and there are a lot of orders sometimes there are conflicts. It is very easy to describe what Kemp, Ruge & Green Law Group does. Violating a protective order, commonly called a restraining order, is outlawed underneath Florida Statute Section 741. While judges add expiration dates to final injunctions most of the time, it's important to note that there are situations in which they don't. Violation of Injunction in Florida | Jacksonville Injunction Attorney. They typically have the same conditions as the temporary injunction—or sometimes even more restrictions. The underlying rationale for the aggressive treatment of these violations is premised on the idea that the accused willfully disregarded a direct court order. As previously explained, orders of protection can be either temporary or permanent. In particular, a showing that there has been a "change in circumstances" since the injunction was issued, can be persuasive. Mr Gonzalez has been very knowledgeable and forthcoming throughout the entire legal process. Two incidents of violence or stalking have occurred: | Dating Violence Injunctions. Whether temporary or permanent, restraining orders bar respondents (or those accused of abuse) from coming into contact with the petitioner for a certain amount of time.
If you've been accused of violating a restraining order, you have the right to an attorney. 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. If the Petition has merit, the Judge will issue a temporary restraining order until a hearing can be held to determine whether a permanent restraining order should be issued. Most people commonly refer to this type of court order as a "restraining order, " Florida law uses the term "injunction" exclusively. Emotional dating violence can also be when someone tries to control what you do or who you see. Can a petitioner violate a restraining order in florida 2021. Thirteenth Judicial Circuit Hillsborough County: Offers useful information about the court and the legal procedures that you can request. Some of the main ways that people violate restraining orders are: - Contacting the petitioner: the person who got the restraining order did it to intentionally stop contact.
This includes battery, assault, sexual battery, stalking, false imprisonment, and / or kidnapping. If you show up at their residence, workplace, or another location where they are present, it is a violation. Firearm or weapon possession, if prohibited. Here, we will take a look at what consequences you might face if you're found guilty of violating a restraining order in Florida—and review your legal rights and options in the face of an accusation. Thus, if a defendant communicates to third party about the alleged victim and the third party (a family member, friend, or colleague), without the defendant asking, relays the message to the victim, this is not intentional. Can a petitioner violate a restraining order in florida form. Getting the Charge Dismissed – Domestic Violence Intervention Program.
If you are served with a temporary restraining order, it is important to act quickly. In other words, you must have received "actual service" or been provided with a copy of the permanent injunction personally, prior to the time you were alleged to have violated the terms of the injunction. However, some judges will not issue an expiration date and if you ever want the order lifted you will have to modify or dissolve the injunction formally in court. Having a West Palm Beach restraining order lawyer makes sure that both sides of the story are heard while ensuring you have the best chance of not having an order of protection on your record. Reasons for a judge to grant a restraining order are: – The respondent has committed domestic violence against the petitioner or the petitioner's immediate family member. The underlying facts that led to the injunction being granted in the first place were not of an aggravated nature. Failing to pay court-ordered support. Given all of the potential harmful consequences, not to mention other less tangible impacts, it's critical to do everything possible to avoid these outcomes. Can a petitioner violate a restraining order in florida without. If the Court grants a restraining order, it will prohibit the respondent from continuing any acts or threats of violence. When a temporary injunction is issued and served, or an injunction is made final, this fact is public record and can easily be viewed by employers, neighbors, and members of the general public through the Pinellas County Clerk of Court's website.
Criminal cases and civil protection orders are not the same thing, however, one can have an impact on the other. The respondent will be served with the restraining order and will be required to abide by its terms. What are the consequences of a restraining order violation? It is an unfortunate fact of life that relationship conflicts can bring out the worst in people.
10(14), holding an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer's employing agency, unless otherwise prohibited by the employing agency. Before the order expires, a court hearing will decide if the petitioner should receive a final injunction. Many who violate restraining orders, for instance, are charged with contempt, fined, forced to comply with stricter terms, or even arrested and jailed. A third or subsequent violation of a restraining order is a third-degree felony, punishable by up to 5 years in prison and a fine of up to $5, 000. People related by blood or marriage.
If the protective order is given temporarily, a hearing for a final protective order takes place no later than 15 days after the temporary order is given. A petitioner, or the person who carries the protective order, could contact the clerk of courts in West Palm Beach or where the violation allegedly occurred. Once the abuser has been served, he or she must obey the restraining order. However, there might not be enough evidence to show beyond a reasonable doubt that he or she had bad intentions. 00 fine and as much as 365 days in the Pinellas County Jail.
Refuse to surrender firearms or ammunition if ordered to do so in the injunction. To get a restraining order, you must fill out some forms and file them with the clerk of court in your county. How Does an Injunction Order Work in Florida? An attorney can help you understand the charges against you and work to build a strong defense.