Violation of Injunction
Protective orders and restraining orders are injunctions that are commonly issued in Duval County civil and family courts, particularly in cases of domestic violence. The protective order or restraining order sets forth limits on the behavior of the person who it was filed against in their contact or dealings with the alleged victim. Violating this order can result in a criminal misdemeanor offense. Additional criminal charges can be filed, for instance if the offender engaged in stalking or aggravated stalking.
While it is important not to violate an injunction, certain extenuating circumstances may lead to unavoidable or accidental violation. Additionally, ongoing divorce or child custody battles may also have an effect on exaggerated or false charges. A criminal defense attorney can prove invaluable towards combating the violation or even filing motions with the civil or family court in Duval County to get the protective order or restraining order dismissed.JACKSONVILLE VIOLATION OF INJUNCTION LAWYER
If you have been charged with violating an injunction in Duval County, Clay County, St. Johns County, or Nassau County, contact Roelke Law. Jacksonville defense lawyer Bill Roelke has defended the records of men and women facing a violation of injunction in Florida for decades. He can help you every step of the way, from combating the violation of injunction to seeking to have the protective order dismissed entirely.
Call (904) 354-0333 or send an online message to discuss your alleged violation of injunction with Bill Roelke during a free consultation. Bill Roelke understands that an alleged violation of injunction can have unfortunate consequences on a person's future, especially if the accused is also involved in a divorce or child custody case with the accuser. His experience in domestic violence cases can prove useful as you fight to clear your name. Contact Roelke Law today for a free consultation.
Florida Domestic Relations Statue § 741.31 clarifies the process for violation of an injunction for protection against domestic violence. It states that in the event of such a violation if there has not been an arrest, the petitioner may contact the clerk of the circuit in the county in which the alleged violation occurred. The clerk assists the petitioner in preparing an affidavit to support the violation or directs the petitioner to the central intake for domestic violence injunctions to receive support in preparing said affidavit.
This affidavit is immediately then forwarded to the judge that receives such affidavits or to the state attorney in Duval County or wherever the violation allegedly occurs. If it is determined that a crime has indeed been committed, the office that assisted the petitioner will forward a copy of the affidavit to the appropriate law enforcement agency for investigation. This investigation is completed within 20 days of the law enforcement agency receiving the initial report. Results of the investigation are forwarded to the state attorney who then:
- Determines if criminal charges should be filed; or
- Prepares a motion for an order as to why the respondent should not be held in criminal contempt; or
- Prepares both as alternative findings; or
- Files a notice that the case is still to remain under investigation or is pending other further action.
A person who has willfully violated an injunction for a protection against domestic violence has committed a first degree misdemeanor if he or she:
- Refuses to vacate the dwelling shared with the petitioner;
- Goes to, or is within 500 feet of the petitioner's residence, school, job, or other specified place frequented regularly by the petitioner and any family or household member named in the injunction;
- Committed an act of domestic violence against the petitioner;
- Committed any violation of the injunction through an unlawful threat, words, or act to do violence against the petitioner;
- Communicating with the petitioner indirectly or directly through telephone, contacting, or otherwise communicating (unless the injunction specifically allows indirect contact through a third party);
- Knowingly and intentionally comes within 100 feet of the petitioner's vehicle, regardless if it is occupied or not;
- Defaces or destroys the petitioner's personal property, including the petitioner's vehicle;
- Refuses to comply with surrender of firearms or ammunition against the court's order.
This first degree misdemeanor offense is punishable by up to one year in prison and / or up to $1,000 in fines. Additionally, if the petitioner suffers an injury and / or loss due to the offender's violation of the injunction, he or she may be ordered by economic damages, which can also include attorneys' fees for enforcement of the domestic violence injunction.
If you have been charged with a violation of an injunction or suspect you may soon be, it's important to understand all of your available legal options. Bill Roelke defends men and women who are facing charges of violation of an injunction in Jacksonville, Jacksonville Beach, Atlantic Beach, Saint Augustine, Fernandina Beach, and nearby areas. He makes every effort to fight for your best options and not simply the easiest outcome. As a trial veteran, he confidently defends your case during hearings in civil or family court, or in trial for related charges.