In the state of Florida, an “injunction” is defined as a court order that prohibits or limits your ability to be in contact with another person. If you have been served with an injunction as a result of domestic violence allegations and you violate it, you will be charged with a first-degree misdemeanor, punishable by up to 364 days in the county jail. If you are facing such charges, it is imperative that you consult with an experience criminal defense attorney.
What is a Domestic Violence Injunction?
According to Florida law, a Domestic Violence Injunction is a court order issued as a result of a prior petition regarding domestic violence. An injunction will restrict or limit your ability to have contact, including physical or other forms of communication (email, letters, texts, social media, etc) with another person. The goal of an injunction is to protect both parties from possible physical or mental harm that may be committed by another person.
According to Florida Statute 741.30, an individual, who is the victim of domestic violence or has reasonable belief that he or she is in imminent danger as a result of being in contact with someone else, has the ability to apply for a domestic violence injunction. An injunction is designed and intended to protect the individual who suspects harm is imminent, or who has been harmed, from the potential of physical harm in the future.
Violating a Domestic Violence Injunction
If you are found to be violating a domestic violence injunction in the state of Florida, you could be charged with a first degree misdemeanor. The penalties for violating a domestic violence injunction may include:
- 1 year jail sentence
- 12 months of probation
- $1,000 fine
If the charges have been escalated to aggravated stalking, you will be looking at more serious penalties. A criminal defense lawyer Miami has to offer experienced with domestic violence cases will provide you with more detailed information regarding the potential charges that one could be facing.
How a Domestic Violence Injunction is Violated
There are several ways that a domestic violence injunction can be violated. Some of the most common ways include:
- Refusal to leave a dwelling,
- Being on, or within 500 feet of, the residence, school or work of the petitioner,
- Committing an act of domestic violence, or
- Communicating with the petitioner directly or via third-party means.
If you have been charged with violating a domestic violence injunction entered against you, you are going to need the assistance of an experienced criminal defense lawyer Miami has to offer. Understand that just because you have been charged with a violation that doesn’t mean that you will be found guilty or should plead guilty. A Miami criminal defense attorney will be able to guide you through the legal process and provide you with the counsel that you need.
We handle a variety of criminal law cases, so call us now if you have any questions, (305) 615-1285.
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