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The petitioner may have initiated the contact with you. He helped get me in a position to see my son again which I am extremely grateful for. This may include the payment of attorneys' fees and other costs to enforce the restraining order. 3) If the court has knowledge, based on its familiarity with the case, that the petitioner, the children of the petitioner, or another person is in immediate danger if the court fails to act prior to the decision of the state attorney to prosecute, it should immediately issue an order of appointment of the state attorney to file a motion for an order to show cause as to why the respondent should not be held in contempt. We can provide you with a list of the local court-approved counseling facilities where you can attend such sessions. The prohibitions contained in these protective orders will vary depending on the type of injunction, as well as the specific facts of the case. 046(13), Florida Statutes, gives law enforcement the discretion to arrest and charge you for a violation of an injunction regardless of the "victim's" consent to contact. Domestic Violence Injunction Attorney in St. Petersburg, FL. Can a petitioner violate a restraining order in florida form. The main problem with disobeying a protective order as a person who sought out protection is that a defendant could use that as justification for the dismissal or modification of the order, which could potentially put you at risk for more contact with the defendant. 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.
Fought very hard to get my husband the outcome he received. Mr. Gonzalez was outstanding. In Florida, a victim of violence or a person that believes that they are in danger of experiencing violence can file an injunction. Before the court order expires, you will be granted a full hearing to decide whether you will be given a final injunction or not. If the respondent violates the terms of the restraining order, he or she may be subject to arrest and prosecution. This injunction may: Additionally, the injunction can affect application for citizenship and employment in certain security-sensitive fields such as law enforcement, in which you may be required to carry a gun. 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. 084. The clerk will provide you with the necessary forms and instructions. If the injunction is made final, it is active until the order is modified or dissolved. Even if you believe you have a good defense and will defeat an attempt to have the temporary order turned into a permanent order, you must comply with all of the orders contained in it, such as not having any contact with the petitioner. Fight the Repercussions of Violating a Protective Order in West Palm Beach. Can a petitioner violate a restraining order in florida department. Physical abuse is when someone hurts you or tries to hurt you on purpose.
If the temporary injunction is granted, then you as the defendant will have your hearing set within a maximum of 15 days. If the other person has to show that he or she is not guilty of a crime, the order may stay in place even if the victim doesn't want it to. This means that the abuser can be arrested and charged with a crime if he or she violates the terms of the restraining order, but the abuser cannot be arrested simply for having a domestic violence restraining order against him or her. At Fighter Law, our experienced and knowledgeable team of injunction lawyers can provide help with you or your loved one's legal protection. You do not need an attorney to do this, but it is recommended that you have one. Violating a Protective or Restraining Order in West Palm Beach. In Florida, there are five main types of injunctions that protect petitioners from: - Domestic violence; - Sexual violence; - Dating violence; - Repeat violence; and.
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. Obtaining or possessing a firearm or ammunition. Consider these Possible Solutions. Instead, discuss with your attorney about contacting the other individual. Staying in a shared home. 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. The length of a final restraining order will be established at the judge's discretion. If the petitioner has repeatedly violated an injunction, the violation charge becomes a felony. 2d 1131 (Fla. Florida Restraining Order Violations & Their Consequences. 4th DCA 2003). There are serious repercussions of violating a protective or restraining order in West Palm Beach.
The abuser may also be ordered to turn over any guns he or she owns to law enforcement. If you are facing charges for violating a restraining order, you are still able to defend yourself. Defacing or destroying the petitioner's personal property, including the petitioner's motor vehicle; or. Sometimes the other party may wonder what will happen if they contact someone they have a restraining order against. If the respondent does not show up for the hearing, the order will still go into effect. Defacing or destroying the alleged victim's property. Given all of the potential harmful consequences, not to mention other less tangible impacts, it's critical to do everything possible to avoid these outcomes. Violating a protective order, commonly called a restraining order, is outlawed underneath Florida Statute Section 741. Restraining Order Violations Explained. Violating any type of protective injunction in Florida may have harsh penalties that could follow you for the rest of your life. Attorney for Violation of a Protective Order Arrests in Fort Lauderdale, FL. Frequently Asked Questions About Restraining Orders. There may be factual or legal defenses that can be raised.
The respondent will be served with the restraining order and will be required to abide by its terms. Can a petitioner violate a restraining order in florida online. "Dating violence" is defined as violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. Florida courts have determined that "notice" or "service" of a permanent injunction must be accomplished before a person can be prosecuted for violation of the injunction. If you cannot attend the hearing, you must call (407) 836-2001 for further instructions.
At the Morris Law Firm, P. A., Melinda Morris is experienced at defending clients you have been accused of violating an injunction. That doesn't necessarily mean you intended to hurt or scare anyone. Given the wishes of the other party to resume contact with you, there is a great likelihood can be convinced to dissolve the injunction. 046(7)(c), Florida Statutes, a Circuit Court Judge can order that an injunction remain in full force and effect permanently. Information Center: - What is a Restraining Order in Florida?