In Florida, there are two types of restraining orders that can be put in place: domestic violence injunctions and non-domestic violence injunctions. The abuser will also be given a copy. Some common injunctions found in Florida are: - Domestic Violence Injunction. While the alleged offenders in domestic violence cases can often disagree with some of the requirements of injunctions for protection (commonly referred to as restraining orders or protective orders), such injunctions are still court orders for which violations can carry criminal penalties. If you want the order to last longer than 15 days, you must go to court and ask for a permanent restraining order. You could even face additional penalties for a separate crime, like committing a new act of domestic violence. These restrictions are put in place when an individual commits acts of violence and harassment. This type of restraining order prohibits the abuser from having any contact with the victim. 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. Can a petitioner violate a restraining order in florida rules. State, 847 So. Restraining orders can put a lot of strain on relationships and families, especially when they are based on false or exaggerated claims. If you are able to prove that you have been a victim of domestic violence, you may be granted a restraining order that will require the abuser to stay away from you and have no contact with you.
You may incur large fines and jail time as the result of violating an injunction. The order can also be known as an "injunction of protection, " and in Florida, there are five different types: An individual can have several offenses placed on them all at once. 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. Can a petitioner violate a restraining order in florida is best. If a victim fears for their safety, the Florida law allows them to file for a petition of protection under domestic violence. Our mission statement says it all.
A person can have several injunctions placed on them at once. Florida law allows a Circuit Court Judge to issue four different types of injunctions. Fill out the form below for a free evaluation of your case. Attorney for Violation of a Protective Order Arrests in Fort Lauderdale, FL. Respondents who violate these orders by communicating with a victim, physically coming within 500 feet of the victim's residence, or even attempting to communicate through a third party, face severe consequences.
Accordingly, many Judges who are called on to impose a sentence in a Violation of Injunction case want to send a strong message that violating a court ordered injunction will not be tolerated. Domestic violence includes physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. How Does an Injunction Order Work in Florida? What are the Penalties for Violating an Injunction in Florida. His experience as a trial attorney allows him to strategically cross-examine witnesses and bring forth evidence that can be used to your benefit.
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. The process of contesting a domestic violence injunction will depend on whether the judge grants the petitioner a temporary injunction. It is very easy to describe what Kemp, Ruge & Green Law Group does. Both parties may be present at the hearing for the PRO. Forbidden from coming within a specific distance of the victim's home or work. Call (954) 765-6585 or submit an online contact form to let our lawyers provide a complete evaluation of your case during a free, confidential consultation. If you are a victim of any of these types of violence, you may be able to get a restraining order to protect yourself. Stalking or Harassment Injunction. Overview of Restraining Orders in Florida. This can include hitting, kicking, choking, biting, burning, or using a weapon against you. Violation of a Protective Order. The best source is the court order itself. 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). Violating an Injunction.
You have the right to a hearing where you can present your case and show that you did not commit the alleged violation. 6) Any person who suffers an injury and/or loss as a result of a violation of an injunction for protection against domestic violence may be awarded economic damages for that injury and/or loss by the court issuing the injunction. As experienced St. Petersburg / Clearwater lawyers, we can examine the individual facts and circumstances of your case. 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. Can a petitioner violate a restraining order in florida department. Other Types of Injunctions.
If you need help to update or lift an injunction of protection in Tampa, schedule an appointment at (888) 727-4652. On the other hand, domestic violence orders typically involve a spouse, romantic partner, close family member, or child. When a spouse or partner goes to a judge and asks for an order of protection, the reason may no longer be legitimate or valid. People related by blood or marriage. The Morris Law Firm, P. is committed to representing persons who are faced with violation of injunction charges. The restraining order will last for a specific period of time, usually up to one year. Lewd or lascivious acts are when someone touches you in a sexual way when you do not want them to or forces you to touch them in a sexual way. Emotional dating violence is when someone says mean things to you or calls you names. If you are facing charges for violating a restraining order, you are still able to defend yourself. Recipients of a restraining order may face criminal charges when they contact the victim, come near the victim, or enter a space from which they have been barred under the order.
While an individual's initial instinct may be to contact the person who issued the restraining order, here are some suggestions on what to do (and what not to do) when faced with an order of protection. Some generic defenses are: -. Contacting the petitioner (ex. 31 Violation of an injunction for protection against domestic violence. 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. We may be able to argue that your contact with the petitioner was an accidental meeting. If the restraining order states that there is to be "no contact" between the parties, the Respondent is prohibited from communicating with the Petitioner either directly, indirectly or through a third party. To be "willful, " the defendant's actions in violating the court's order (as contained in the injunction) must be done "knowingly, intentionally, and purposely. " While you may think telling your side of the story is simple enough, you are putting yourself at great risk. Defenses to Violation of Injunction.
First-degree misdemeanors are serious and can stay on your permanent record for life. We are committed to our community and our clients with a level of legal expertise that is among the highest in the area. If this is the case, then the alleged violation of one injunction is arguably not willful, so long as the defendant complied with the other injunction and believed that the other injunction was the one that had legal effect at the time of the alleged offense; - Mistake as to the Meaning, Effect, or Scope of the Injunction- a mistaken belief as to the meaning, effect, or scope of an injunction, if reasonable and well founded, can provide a defense to an injunction violation charge. Damage costs in that situation can include medical bills, lost wages, court costs, and attorney's fees. Information Center: - What is a Restraining Order in Florida?
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