If you cannot attend the hearing, you must call (407) 836-2001 for further instructions. There is no doubt that restraining orders are a helpful and necessary remedy when there have been threats, violence, or other alarming behavior. The facts and circumstances surrounding your violation of injunction will play a large role in your case. It is very easy to describe what Kemp, Ruge & Green Law Group does. If you have an upcoming injunction hearing, you should enlist the help of an experienced attorney that can prepare a strong defense for your case. Note that Section 784. Protective injunction orders, most commonly referred to as restraining orders, are a serious matter in Florida that is not taken lightly by a judge. 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. Can a petitioner violate a restraining order in florida is known. The legal system is complicated, and one mistake could seriously harm your case and therefore put you under a restrictive injunction. Violating an injunction is looked upon as a serious offense by the Pinellas County Court system. Therefore, if you violate the terms of an injunction, you might face a first-degree misdemeanor charge. Cases involving physical injury or property damage can also result in economic damages paid by the respondent being awarded to the petitioner. The abuser will be served with the restraining order by the sheriff's department or another law enforcement agency.
Remember: the essence of the offense is that there is a violation of a court order. Otherwise, there could be criminal consequences. Note that if an injunction violation involved the commission of another crime, one would be facing penalties for that as well - on top of whatever consequences the court metes out for violating the restraining order. Can a petitioner violate a restraining order in florida. Fails to do something that is required by the order.
If you show up at their residence, workplace, or another location where they are present, it is a violation. You do not need an attorney to do this, but it is recommended that you have one. Once the petition is filed, a judge will review it and decide whether or not to issue a restraining order. Once the judge has placed the restraining order, the respondent cannot have any form of contact with the petitioner, this includes letters, e-mails, phone calls, text messages, and face-to-face contact. This can include hitting, kicking, choking, biting, burning, or using a weapon against you. Overview of Restraining Orders in Florida. You may incur large fines and jail time as the result of violating an injunction. 233, and a misdemeanor of the first degree, punishable as provided in s. 083, for a person to violate a final injunction for protection against domestic violence by having in his or her care, custody, possession, or control any firearm or ammunition. But a willful violation is one that occurs when you knew or should have known that such action was in breach of the court's order. Often, the defendant was not aware of the full scope of the injunction's prohibitions, or believed that his or her actions were in compliance with the injunction.
This injunction, often referred to as a restraining order, is legally enforceable and a violation could result in jail time, fines, and other penalties. Before the order expires, a court hearing will decide if the petitioner should receive a final injunction. On the other hand, violations can include less-than-obvious actions. 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. What are the Penalties for Violating an Injunction in Florida. The petitioner may seek an injunction, regardless if there are any other cases pending between the two parties. What are the consequences of a restraining order violation? Orders like this can become more complicated if there are other issues, like domestic violence or abuse, that are linked to them. It is important to understand that a domestic violence restraining order is a civil order, not a criminal one. Individuals who have been charged with violating a protective order may be unaware of how their actions were considered a violation.
The forms will ask for information about you, the abuser, and the abuse. This defense applies even in situations where you were personally served with the temporary injunction notice, but never received actual service of the final Livingston v. State, 847 So. The restraining order appearing on your criminal record permanently. Don't hesitate to reach out for a professional consultation; click below. If you ever have a problem with the criminal justice system, I highly recommend that you hire this remarkable gentleman to fight for you in your case. However, if it's a final injunction and the judge doesn't set an expiration date then the injunction could last indefinitely if you don't attempt to formally modify or dissolve it in court. Can a petitioner violate a restraining order in florida is also. The abuser may also be ordered to turn over any guns he or she owns to law enforcement. If the offender has a prior conviction for domestic violence or stalking, however, the maximum fine increases to $5000 and the maximum jail sentence increases to five years. Information Center: - What is a Restraining Order in Florida? Even if the person that you have the no contact order on tries to contact you, it is a violation of the injunction to have contact with that person. A hearing to issue a permanent restraining order is held later if the need arises. In Florida, restraining orders are typically given in the context of domestic violence or a dispute in personal or familial relationships, which can include physical abuse, harassment, stalking, cyberstalking, and sexual assault as well as other forms of abuse. Whether the injunction is temporary or permanent, it is a first-degree misdemeanor offense and first-degree misdemeanors are taken very seriously in Florida.
If the restraining order is granted, it will be effective immediately and will remain in effect for a period of one year. Prompt and decisive action from your defense attorney is of critical importance. The Contact that Violated Your Restraining Order or Injunction was Unintentional. If other options are unavailable, we may be able to negotiate with the prosecutor and the judge for the most lenient disposition possible. You are allowed an attorney, call witnesses, cross-examine witnesses, and persuade the court as to why the protective order should be denied. If you have been issued a restraining order, it is important to keep a copy of the order with you at all times and to notify law enforcement if the stalker violates the terms of the order. This can happen in person, by phone, or through the mail. Restraining Order Defense Attorney in West Palm Beach, FL. Those who are unsure may wish to consult with a Defense Attorney to discuss their situation. Additionally, this injunction is not limited to spouses and can be sought by any family or household member, regardless of they left the residence to avoid domestic violence. Tampa Injunction & Restraining Defense Lawyers. There are three different types of sexual violence in Florida: sexual battery, lewd or lascivious acts, and rape. If someone else is injured or suffers some type of loss as a result of a domestic violence injunction, the accused can be ordered to financially compensate them for that.
The point of the order was to stay away from the person so that you do not threaten their safety or harass the person. 12 months of probation. Obtaining prompt legal counsel from an experienced Fort Lauderdale criminal defense attorney is the best way to protect your rights. 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. 046, Florida Statutes, also creates a right to pursue an injunction for "sexual violence. " When a person files for a restraining order in Florida, the following steps will take place: - The petitioner (the person filing for the restraining order) will file a petition with the court. The lawyer can present motions to the court to try to get the order lifted.
Defenses to Violation of Injunction. Violating a restraining order is a misdemeanor of the first degree in Florida, punishable by up to 1 year in jail and a fine of up to $1, 500. 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. A petition may also be filed by family or household members. This pre-emptive action could protect you from re-arrest for violation of injunction in the future. There are serious repercussions of violating a protective or restraining order in West Palm Beach. A restraining order is a civil order issued by the courts restricting one person's ability to communicate with or be in the physical presence of another. The government is wasting no time in trying to prove your guilt, a proactive defense is imperative. If the Circuit Court grants the petition (or if the court issues a temporary injunction prior to the formal hearing on the injunction) then the respondent becomes subject to a domestic violence injunction (Injunction for Protection Against Domestic Violence). You can learn more about these injunctions in our blog: How Florida Restraining Orders Work.
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