Hillsborough County Clerk: Provides online forms as well as information on how to file an injunction for protection. In Florida, a violation of injunction offense is classified as a first-degree misdemeanor. 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 violation of restraining order or injunction is treated as a serious matter by the Pinellas County court and our local Pinellas County State Attorney's Office. Is a Florida Restraining Order Civil or Criminal?
In civil cases, courts can also impose restraining orders which can prevent a person from contacting a non-family member or intimate partner, or from visiting a specific company or professional office among other things. 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. If a victim fears for their safety, the Florida law allows them to file for a petition of protection under domestic violence. That doesn't necessarily mean you intended to hurt or scare anyone. Many defendants make the mistake of representing themselves in a domestic violence injunction hearing. 2) The affidavit shall be immediately forwarded by the office assisting the petitioner to the state attorney of that circuit and to such court or judge as the chief judge of that circuit determines to be the recipient of affidavits of violation. 046, Florida Statutes, also creates a right to pursue an injunction for "sexual violence. " No matter how confident you are in your innocence, do not say anything to authorities without legal representation. I was able to text or call Mike anytime I needed to.
Let our legal team help guide you through the process and protect your rights. 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. This offense might result in fines and imprisonment. Recommendation that the Petitioner and any children in the home receive counseling. If the police have been contacted and do not believe there is evidence for criminal charges, the victim can still file a motion of contempt. Award of custody of the child or children, including terms of visitation. 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. Additional Resources. 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. Especially if you are currently involved in a divorce or child custody situation, the restraining order can further complicate things. Violation of a Repeat Violence, Dating Violence or Sexual Violence Injunction. It is important to make all of the mitigating facts and circumstances in your case known to the court.
How Does an Injunction Order Work in Florida? Once the petition is filed, a judge will review it and determine whether or not there is probable cause to believe that you are being stalked. Direct contact, or contact through a third party. The Respondent may retrieve personal belongings from the residence in the presence of a law enforcement officer. Even if the other person initiates contact with you after you have been served with the injunction, this contact on their part does not void the binding effect of the original injunction. 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. In order to get a restraining order in Hillsborough County, both parties must attend a hearing and explain the reason and situation to the judge. Additional criminal charges such as aggravated stalking can be added to the list of charges. To schedule a FREE consultation with a restraining order defense attorney to discuss your case, contact Mike G online or call 813-221-4303 today. These forms are available at the clerk of court's office or online. Your Injunction Violation Occurred When You Lawfully Complied with a Court Order in a Divorce, Child Support or Custody Proceeding. The prosecutor will argue that your violation of the injunction demonstrated a disregard for the law and a disregard for the authority of the Court to modify or restrict your behavior. Violations could have an impact outside of criminal court.
Non-domestic violence injunctions are typically put in place when there has been harassment, stalking, or cyberstalking. You will work with your attorney one-on-one at every stage of the process. The court affirmed the lower court's finding that the ex-husband's attempt to friend request the petitioner's underage daughter was a form of indirect contact in violation of the order. The charge can also become criminal instead of civil. 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. An injunction is a court order usually issued by a civil court judge that restricts a person's ability to contact another person. Fort Lauderdale criminal defense lawyers Lawrence Meltzer and Steven Bell can fight to possibly get your criminal charges reduced or dismissed. This could be harassment, stalking or violence. What are Restraining Orders?
There are innumerable ways to violate a Florida injunction, and the best source to avoid a violation is the court order itself. If you have been accused of violating an order of protection or a restraining order, you should contact a knowledgeable defense attorney right away. The petitioner (person who is seeking the court's protection) can pursue a protective order if he or she believes you will commit an act of domestic violence against them. Additionally, he or she might need to attend counseling or other treatment ordered by the court. A permanent injunction can strip you of your right to bear firearms. Protective orders, commonly called restraining orders, are put in place if the court believes that an individual may endanger, threaten, or harass another party.
Firearms violations: federal and state laws prevent individuals with a restraining order against them to own or possess a firearm. — Different Ways We May be Able to Help —. Cyberstalking is when someone stalks you online. We've seen restraining orders obtained for frivolous reasons, through jealousy or even in underhanded attempts to gain custody or restrict parental rights.
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