In other situations, we may uncover mitigating circumstances. Some things to consider include: - Evidence: compile supporting documents related to your case. This can happen when someone takes your money without your permission, prevents you from working, or ruins your credit. The purpose of these legal documents is to protect victims of violence. Contacting the petitioner (ex. Can a petitioner violate a restraining order in florida is a. If it's a temporary injunction, the most it will last is up to 15 days. An injunction may also be sought for any person who is the victim of "dating violence" and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence. Temporary injunctions are granted if the judge decides there is an immediate and present danger of domestic violence to the petitioner or their family. In Florida, the two types of injunctions that the petitioner can be subject to are called temporary injunctions and final injunctions for protection. A person who is the victim of domestic violence or has reason to believe he or she is in danger of a future domestic violence act can file a sworn petition for an injunction for protection against domestic violence in Florida. There are three different types of sexual violence in Florida: sexual battery, lewd or lascivious acts, and rape. Only questions can be asked after he or she has finished, and the petitioner may not make assertions or argue with the respondent after the respondent has finished speaking to the petitioner. 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.
Depending on the outcome of the hearing, more conditions may be added or erased from the court order by the judge. Depending on the type of protective injunction ordered, a respondent can also violate the orders if they do not participate in a batterers' intervention program if required. Adhering to certain child support and visitation rules, even if the restraining order does not directly involve your children. If this is the case, you will be required to vacate the living space you share with the alleged victim and to cease all contact with them. If you share kids or a home with the petitioner, then you won't have access to either under the injunction. A temporary injunction, also referred to as an ex parte injunction, is a court order that extends immediate protection to the petitioner and their family. This petition must allege that the respondent (the person against whom the restraining order is filed) has committed an act of domestic violence. Up to one year of probation, and/or. Violation of Restraining Order or Injunction | Pinellas | Lawyer. Compile a list of possible witnesses—include anyone you believe has information about the incident, the accusations, or the petitioner—and obtain the witnesses' contact information. A permanent injunction can strip you of your right to bear firearms. If a judge decides that there is a present danger for the petitioner and that the court should provide protection immediately, a temporary injunction is granted. Getting the best possible outcome requires a thorough review of the individual facts of your case and a coordinated strategy.
Definition of Injunction (Domestic Violence). 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. A civil harassment restraining order is different from a domestic violence restraining order. While you may think telling your side of the story is simple enough, you are putting yourself at great risk. The court will then set a hearing date for the petition. What are the Penalties for Violating an Injunction in Florida. The maximum penalty for a first-degree misdemeanor is a fine of up to $1, 000 and up to one year in jail. If the judge grants this extension, then you as the defendant can file a request for a modification to reinstate the original expiration date or a request to dissolve the court order altogether.
Violations could have an impact outside of criminal court. If the restraining order states that the parties are to have "no contact, " that means there should be no communication - either directly, indirectly or through a third party - between the Petitioner and Respondent. You will need to file the forms with the clerk of court and have them served on the abuser by the sheriff's department or another law enforcement agency. Our office can discuss with you the possibility of persuing a waiver of this requirement. Can a petitioner violate a restraining order in florida 2021. Normally, the temporary injunction will last until the full hearing is over. Getting the Charge Dismissed – Domestic Violence Intervention Program.
An attorney is not required in order to file for a restraining order. If you are facing charges for violating a restraining order, you are still able to defend yourself. Did you make contact with a 3 rd party who then delivered the message to the petitioner without you knowing? Can a petitioner violate a restraining order in florida is also. For an injunction to be placed, the petitioner (or asserted victim) must file paperwork with the courthouse and prove in a civil court hearing to a judge that there is an immediate and present danger by the respondent (the accused). 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. A person is following or harassing you repeatedly and without a legitimate reason. Sexual violence means any one incident of Sexual battery (as defined in Chapter 794, Florida Statutes), a lewd or lascivious act (as defined in chapter 800) committed upon or in the presence of a person younger than 16 years of age, luring or enticing a child (described in chapter 787), sexual performance by a child (described in Chapter 827), and any other forcible felony wherein a sexual act is committed or attempted. It is considered a criminal misdemeanor offense to violate a civil injunction order.
Call us today at (813) 280-1244 for a case review and let us discuss your legal options. Complete all required fields. Our office may be effective by intervening with the prosecutor early on in the case and attempting to persuade the State not to file the charge or prosecute you at all. Tampa Injunction & Restraining Defense Lawyers. Most of the time, judges do not explain the full scope of the no contact provision to respondents. 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. Semi Truck Accidents.
This offense might result in fines and imprisonment. But thanks to his incredible talent, sheer strength of intelligence, and a strong heart to fight for an individual's values, I can now rest easy knowing that I will not have to suffer through the penal system. We're passionate about giving you the best possible results for your case. JACKSONVILLE PROTECTIVE ORDER HEARING ATTORNEY Bill Roelke confidently represents Respondents (people who must respond to the allegations) in hearings for protection against domestic violence in Jacksonville, Jacksonville Beach, Fernandina Beach, St. Augustine, Atlantic Beach, Orange Park and nearby areas. The best way to protect yourself and your rights is to immediately hire a defense lawyer who can carefully review the facts and help you formulate an effective legal strategy. If you show up at their residence, workplace, or another location where they are present, it is a violation. Retrieving personal property from the other party's residence beyond the one-time visit allowed by the injunction. Defacing or destroying the petitioner's personal property, including the petitioner's motor vehicle; or. This fact could be especially favorable if the final injunction was not granted because the petitioner decided not to proceed or the judge decided that the facts supporting the original petition for the injunction did not warrant the granting of a permanent injunction. What is a Violation of Restraining Order? Contact an experienced Jacksonville Criminal Attorney today for a free consultation.
If other options are unavailable, we may be able to negotiate with the prosecutor and the judge for the most lenient disposition possible. While fines are not part of protection orders, costs can be, and for financial reasons these are the same. We can set a hearing and go before the judge in order to petition the Pinellas County Court to dissolve the injunction. He is a stellar and highly competent criminal justice attorney. Violation of a Domestic Violence Protective Order. In Florida, a no contact order is issued before a defendant's criminal trial to avoid any conflict and/or preserve the safety of the victim or witnesses. Yet, life circumstances often change and take unexpected turns, putting you in a position where you can be hit with a contempt charge for having that order in place. 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. Melinda Morris has practiced criminal law for over 20 years.
Given the wishes of the other party to resume contact with you, there is a great likelihood can be convinced to dissolve the injunction.