The terms of a restraining order or no contact order vary from case-to-case, so the number of ways one might possibly violate an order are endless. There are many possible defenses to a violation of injunction charge. Florida Law on Restraining Order Violations. A person is following or harassing you repeatedly and without a legitimate reason.
It is very important to read the injunction carefully. If you were accused of violating a protective or restraining order in West Palm Beach, you may wish to speak with an attorney at the Law Offices of Leifert & Leifert. The Judge will decide whether or not to do so. Additional charges can be placed as well as jail time and fines and a permanent record. That doesn't necessarily mean you intended to hurt or scare anyone. These injunctions include: Of the five types, domestic violence is the most common. If you are unsure of any violations, reach out to our offices and discuss your situation during an initial consultation. SAME DAY REPRESENTATION. The purpose of these documents is to protect people and, in order to do so, the injunction will establish some restrictions that the respondent must obey. Criminal evidence rules are very complicated, and the type of crime at hand can affect which previous bad acts and statements can be used as evidence. Damages includes costs and attorneys' fees for enforcement of the injunction. They can assure your rights are protected and that you are given a fair chance in a court of law, no matter what the details of the case may be.
Are usually first-degree misdemeanors, punishable by up to one year in jail. Contacting the petitioner (ex. Remember: the essence of the offense is that there is a violation of a court order. Even if you are upset about the restraining order, you cannot threaten the petitioner to have it dropped. Physical dating violence is when someone hits you, kicks you, grabs you, or does anything else that hurts you physically. It can also limit the future actions of the person to whom it is applied in a big way.
In order to obtain a restraining order for stalking, you must file a petition with the clerk of court in the county where you reside. If an "Injunction for Protection Against Domestic Violence" has been issued against you, it is important to read the document carefully. A petition may also be filed by family or household members. We've seen restraining orders obtained for frivolous reasons, through jealousy or even in underhanded attempts to gain custody or restrict parental rights. In some cases, a person can be charged with the felony offense of "Aggravated Stalking" if there are multiple violations of the injunction and the violations are calculated to harass or threaten. Can You Appeal a Florida Domestic Violence Injunction? The violation of the injunction occurred due to a coincidence, chance meeting, or was otherwise of a minimal nature. Can I Drop an Order of Protection in Florida? Were you arrested for any kind of alleged restraining order violation in South Florida? How Long Does an Injunction Last? Despite their similarities, there are some differences between these court orders. Committing a new act of violence against the alleged victim. The Respondent must be personally served with a copy of the Petition, the temporary restraining order and the notice for a formal hearing.
This type of order is designed to protect victims of repeat violence from their abuser. Violating a protective order, commonly called a restraining order, is outlawed underneath Florida Statute Section 741. Accordingly, this paragraph shall not apply to a state or local officer as defined in s. 943. Very professional, very punctual, easy to talk to.
Upon successful completion of Domestic Violence Intervention Program, the criminal charge pending against you will be dismissed. Direct contact, or contact through a third party. In Florida, a victim or a person that believes they are in danger of becoming a victim of dating, harassment, stalking, sexual, repeated or domestic violence can file a petition for an injunction of protection. 046(13), Florida Statutes, gives law enforcement the discretion to arrest and charge you for a violation of an injunction regardless of the "victim's" consent to contact. Two incidents of violence or stalking have occurred: | Dating Violence Injunctions. This is something that a Brighton family law attorney can help with. Consider these Possible Solutions. 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. Contact an experienced Jacksonville Criminal Attorney today for a free consultation. The hearing will be held within 15 days of the TRO being issued. Free Consultation – Violation of Injunction Charges. Therefore, if you violate the terms of an injunction, you might face a first-degree misdemeanor charge.
A restraining order is violated when the person named in the order: - Does something that is prohibited by the order; or.