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Witnesses: your defense can also include people that can testify about the facts presented in the injunction. Can a petitioner violate a restraining order in florida without. Our goal is to protect your constitutional rights and defend your case to obtain the lowest possible punishments. A person with a violation of a restraining order or injunction in Florida is likely to face a criminal prosecution. Then, they might reflect back on it differently the next day or even a week after they did it.
Such charges in Florida carry a maximum penalty of five years in prison. In Florida, for example, first-time offenders can be fined up to $1000 and sentenced to up to one year in jail. First-degree misdemeanors are serious and can stay on your permanent record for life. However, in some situations, a person can be charged with the felony offense of "Aggravated Stalking" if their case involves multiple violations of their injunction in an attempt to harass or threaten the other party. The hearing is held so that the Judge can determine whether to issue a permanent restraining order. Many people make the mistake of assuming that the person who obtains an injunction also has the power to waive the terms of the injunction on their own without ever going to court. You will work with your attorney one-on-one at every stage of the process. It is not unusual for the prosecutor to view a violation of injunction as not just a crime against a particular victim, but also a crime against the peace and dignity of the State of Florida. Florida Restraining Order Violations & Their Consequences. Violating any type of protective injunction in Florida may have harsh penalties that could follow you for the rest of your life. To do so, you will need to complete a petition detailing the harassment you have experienced and why you believe you need protection.
Possible Defenses for Your Case. Going to, or being within 500 feet of, the petitioner's residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member; 3. The court may choose to deny the petitioner's request or support the request. Some of the consequences of being on the receiving end of a restraining order can include: - Being required to leave your living space. You may incur large fines and jail time as the result of violating an injunction. Can a petitioner violate a restraining order in florida travel information. Based on the information provided by both parties, the judge will weigh the evidence and facts presented, and make a decision whether or not to issue a final injunction. Definition of Injunction (Domestic Violence). Did you make contact with a 3 rd party who then delivered the message to the petitioner without you knowing? Complete all required fields. To get a restraining order, you must fill out some forms and file them with the clerk of court in your county. Additionally, they offer PDFs and other documents that provide information about the next steps after requisitioning a restraining order. Physical abuse is when someone hurts you or tries to hurt you on purpose.
Frequent offenders may be found guilty of a Third-Degree Felony. C) A person who has two or more prior convictions for violation of an injunction or foreign protection order, and who subsequently commits a violation of any injunction or foreign protection order against the same victim, commits a felony of the third degree, punishable as provided in s. 082, s. 083 or s. Can a petitioner violate a restraining order in florida requirements. 084. While some people may use the tactic of an order to improve their chances of getting custody or getting more money in a divorce. Of course, you need to speak with an experienced St. Petersburg attorney about the specific facts of your case in order to get an effective defense. The worst legal consequences of violation of a restraining order is usually a combination of fines and jail time, but this will vary from state to state.
Since both types of orders prohibit the interaction between people, no contact orders and restraining orders are usually confused. Additionally, you will also need to provide specific information to convince the court that you are a victim of violence or are in danger of violence. A petition may also be filed by family or household members. Attorney for Violation of a Protective Order Arrests in Fort Lauderdale, FL. There is a credible threat of violence by the respondent against the petitioner or the petitioner's immediate family member. Do I Need a Lawyer if I am Charged with a Violation of Restraing Order. Even if you and the petitioner have reconciled and the relationship is amicable in every respect, you can still be charged with violating the injunction. Once you have filed the forms, a judge will review them and decide whether or not to grant the restraining order. Don't wait a moment when it comes to your freedom and find legal representation that can help you avoid the harsh confines of an injunction. After this period, the court will hold a hearing where both parties can present their respective cases and, based on the facts presented, the judge will decide whether to issue a final injunction.
The facts and circumstances surrounding your violation of injunction will play a large role in your case. Even if they are contacted by the victim, or feel as if there should be some 'exception' due to circumstances, there can still be very stiff consequences. Penalties for Restraining Order Violations. Fails to do something that is required by the order. Accordingly, this paragraph shall not apply to a state or local officer as defined in s. 943. Below is a list of peaceful contact places that a defendant could interact with you if your court order is modified: Experts highly recommend that you don't violate your protection order, but if you or a loved one end up in a similar situation, contacting an attorney can help ensure you have proper representation. The Court may also order the respondent to vacate your residence, stay away from your residence and stay away from your place of employment. Violation of Injunction in Florida | Jacksonville Injunction Attorney. A person can be charged with harassment if he or she makes a lot of repeated phone calls to the same person. His experience as a trial attorney allows him to strategically cross-examine witnesses and bring forth evidence that can be used to your benefit. If the abuser does not obey the restraining order, he or she can be arrested and charged with a crime. If you want a permanent domestic violence restraining order, you must go to a hearing in front of a judge.
If you think that the restraining order is not necessary, then a criminal defense lawyer can file the proper motions with the court in an attempt to get the order dismissed. If you're arrested for violating a Florida restraining order, it's important to recognize the seriousness of this type of accusation. As previously explained, orders of protection can be either temporary or permanent. After considering all of the evidence, the court will decide whether or not to grant the restraining order. The injunction has since been dissolved or otherwise dismissed. The restraining order is not intended to provide a method to obtain custody of, or support for, a child. This is why Tolison & Williams is available to help people on all sides of a restraining order. Access the site to read the different types of domestic violence that exist, how to file an injunction, additional resources, and videos that show the process for injunction hearings. If the affidavit alleges a crime has been committed, the office assisting the petitioner shall also forward a copy of the petitioner's affidavit to the appropriate law enforcement agency for investigation. If you or a loved one is facing a situation in which a restraining order has been - or could be - issued, it's important that you understand the basic implications behind this legal measure. The defendant may be able to use the contact as justification to have the order dismissed or modified to allow them more contact. If an "Injunction for Protection Against Domestic Violence" has been issued against you, it is important to read the document carefully. Obtaining or possessing a firearm or ammunition. The restraining order appearing on your criminal record permanently.
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